Changing Role of the United States Courts of Appeals: The Flow of Litigation Revisited

• NCJ Number: 122345
• Journal: Justice System Journal Volume: 13 Issue: 3 Dated: (1988-1989) Pages: 323-340
• Author(s): S Davis; D R Songer
• Date Published: 1989
• Length: 18 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Format: Article
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

In this article, the authors build upon the work of J. Woodford Howard to examine the role of the courts of appeals in the 1980s.

Abstract

They explore the changes in the nature of the business of the courts since the 1960s, the increasing demands on the courts, and the issue of whether the diversity among circuits that Howard found currently prevails. Additionally, the authors begin to examine the nature of the increasing number of cases that are disposed of without a published opinion. Diversity among all twelve circuits in both business and behavior dominates the results. Although criminal cases have not overwhelmed the courts, demands have increased and judicial resources have not kept pace with the caseload. The fact that the Supreme Court supervises the courts of appeals to an even lesser extent than it did in the 1960s attests to the growing role of the Federal intermediate appellate judiciary in policymaking. 10 tables, 15 notes, 18 references. (Publisher abstract)