NCJ Number
86734
Journal
Case and Comment Volume: 88 Issue: 1 Dated: (January/February 1983) Pages: 10,12,14-15
Date Published
1983
Length
4 pages
Annotation
Judicial self-restraint, regulatory and statutory reform, changes in Federal habeas corpus, the elimination of diversity jurisdiction, and the creation of special tribunals, as well as additional judgeships could make the Federal judicial system more effective.
Abstract
A tremendous acceleration in litigation leading to dramatic increases in Federal court caseloads began in the 1960's. While an increase in Federal judgeships should be regularized based upon a needs assessment, too great an expansion of the Federal judiciary would create problems, including increased disparity and instability in the application of the law. Increased court caseloads have resulted largely from a proliferation of Federal legislation that has stimulated more and more litigation. Congress should give more attention to the judicial burdens imposed by new legislation. The judiciary has also contributed to its expanding caseloads through a judicial activism that has invited far greater use of the courts to address society's ills. It is also time to assess the bases of Federal jurisdiction to determine whether some of the cases presently heard by the Federal courts either should not be heard there or should be heard in lesser numbers. Other proposals that may reduce the workload of the Federal courts are the abolition of the mandatory jurisdiction of the U.S. Supreme Court to give it complete discretion over its own docket and the creation of special tribunals to decide certain types of disputes arising in the administration of welfare and regulatory programs.