NCJ Number
52865
Journal
American Bar Association Journal Volume: 64 Dated: (NOVEMBER 1978) Pages: 1672-1675
Date Published
1978
Length
4 pages
Annotation
THE APPLICATION OF MODERN INDUSTRIAL MANAGEMENT TECHNIQUES IS DISCUSSED AS A POSSIBLE SOLUTION TO THE PROBLEMS CONFRONTING THE FEDERAL COURTS IN THEIR ADJUDICATION OF COMPLEX BUSINESS LITIGATION.
Abstract
THE COURTS NEED TO LEARN FROM BUSINESS HOW TO DEFINE THEIR MANPOWER NEEDS AND FILL THEIR DEFICIENCIES BY THE PROPER ALLOCATION OF HUMAN RESOURCES AND THE MAXIMUM UTILIZATION OF STAFF SUPPORT. IN LITIGATION WHICH INVOLVES SOPHISTICATED TECHNOLOGY THERE OUGHT TO BE A PRACTICAL METHOD OF ASSIGNING CASES TO THE JUDGES WHO ARE THE BEST QUALIFIED TO PRESIDE. IT MAY BE FEASIBLE TO MOVE JUDGES ACROSS JURISDICTIONAL LINES ACCORDING TO THE IMMEDIATE NEEDS OF THE COURTS, AND ACCORDING TO THE EXPERIENCE AND EXPERTISE OF THE INDIVIDUAL JUDGES. JUST AS SPECIFIC FEDERAL JUDGES PRESENTLY PRESIDE IN THE COURTS OF BANKRUPTCY AND THE TAX COURT, SO COULD PARTICULAR JUDGES BE BEST UTILIZED IN ANTITRUST AND PATENT LAW CASES. CASES DECIDED BY MORE EXPERIENCED JUDGES WOULD ALSO BE MORE SECURE AGAINST APPEAL, THUS SAVING THE ENERGIES OF THE HIGHER COURTS. THE FORMATION OF A DATA BANK THAT COULD AID IN THE ASSIGNMENT OF JUDGES COULD ALSO BE USED IN DETERMINING THE BEST CANDIDATES FOR PROMOTION ACCORDING TO THE NEEDS OF THE JUDICIARY AS A WHOLE. ALTHOUGH THE EXECUTIVE WOULD BE UNDER NO OBLIGATION TO USE SUCH AN INDEX IN THE SELECTION PROCESS, THE INFORMATION WOULD AT LEAST BE AVAILABLE. THE CONGRESSIONAL AUTHORIZATION FOR ADDITIONAL JUDGES PROVIDES AN EXCELLENT OPPORTUNITY FOR THE APPLICATION OF THE BEST POSSIBLE MEANS FOR STRENGTHENING THE BENCH AND MANAGING FUTURE CASE FLOW. THE DATA INDEX COULD ALSO BE EXPANDED TO LIST SCIENTIFIC AND TECHNICAL EXPERTS WHO COULD BE CALLED UPON TO ASSIST THE JUDICIARY IN THE EVALUATION OF EVIDENCE. THE COST OF SUCH SERVICES AT A NATIONAL LEVEL WOULD BE FAR LESS THAN THE PRESENT METHODS OF LOCAL ASSISTANCE. ADDITIONAL RECOMMENDATIONS INCLUDE TIGHTENING THE PRETRIAL ADMINISTRATION AND LIMITING DISCOVERY. (TWK)