NCJ Number
183726
Date Published
1999
Length
429 pages
Annotation
This book attempts to describe the Federal court system and evaluate proposals for improving it.
Abstract
The first section of the book describes the basic structure, the judges and jurisdiction of the federal courts, and compares the state courts. The second section examines the growth of the caseload and why it has grown, caseload versus workload, models of caseload growth and the rise of the law clerk. It also discusses streamlining the system, including curtailment of oral arguments, nonpublication of opinions, the trend toward "ruledness," summariness and sanctions. The third section concerns incremental reform, and discusses palliatives and specialized courts. The discussion covers limiting or abolishing diversity jurisdiction, better management, alternative dispute resolution, reform of the bar and rethinking administrative review. The final section examines three aspects of fundamental reform: The Role of Federal Courts in a Federal System, Federal Judicial Self-Restraint and The Federal Judicial Craft. Those three general topics include consideration of the optimal scope of Federal jurisdiction and specific caseload implications; principled adjudication--the meaning and consequences of judicial activism and self-restraint, and district judges--the institutional responsibilities of Federal appellate judges, rule versus standard and stare decisis. Figures, notes, tables, appendix, index