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The Federal Courts

Challenge and Reform, Revised Edition

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$48.00 • £41.95 • €43.95

ISBN 9780674296275

Publication Date: 09/15/1999


430 pages

6-1/8 x 9-1/4 inches

8 line illustrations


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  • Preface
  • I. The Institution
    • 1. The Organization of the Federal Courts
      • The basic structure.
      • The judges.
      • The state courts compared.
    • 2. The Jurisdiction of the Federal Courts
  • II. The Challenge
    • 3. The Growth of the Caseload
      • Caseload…versus workload.
      • Caseload and workload in the Supreme Court.
      • The Chicken Little question.
    • 4. Why the Caseload Has Grown So
      • Models of caseload growth.
      • The district courts.
      • The courts of appeals.
      • The Supreme Court.
    • 5. Consequences: The System Expands…
      • More judges, working harder.
      • The rise of the law clerk.
    • 6. …And Is Streamlined
      • Curtailment of oral argument.
      • Nonpublication of opinions.
      • The standard of review, the trend toward “ruledness,” summariness.
      • Sanctions.
  • III. Incremental Reform
    • 7. Palliatives
      • Upping the ante.
      • Limiting or abolishing diversity jurisdiction.
      • Better management.
      • Alternative dispute resolution.
      • The reform of the bar.
    • 8. Specialized Courts
      • Specialized Article III courts.
      • Rethinking administrative review.
  • IV. Fundamental Reform
    • 9. The Role of Federal Courts in a Federal System
      • The optimal scope of federal jurisdiction.
      • Specific caseload implications.
    • 10. Federal Judicial Self-Restraint
      • Principled adjudication.
      • The meaning and consequences of judicial activism and self-restraint.
      • The restraint ratchet and other extensions.
    • 11. The Federal Judicial Craft
      • District judges.
      • The institutional responsibilities of federal appellate judges.
      • Rule versus standard again.
      • Stare decisis.
  • Appendix: Supplementary Tables
  • Index

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