Federal Courts Challenge and Reform

ISBN-10: 0674296273
ISBN-13: 9780674296275
Edition: 2nd 1996 (Revised)
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Description: Drawing on political and economic theory as well as on legal analysis and his own judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution and presents proposals for fundamental reform.

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Book details

List price: $41.00
Edition: 2nd
Copyright year: 1996
Publisher: Harvard University Press
Publication date: 9/15/1999
Binding: Paperback
Pages: 426
Size: 6.00" wide x 9.50" long x 1.00" tall
Weight: 1.298
Language: English

Drawing on political and economic theory as well as on legal analysis and his own judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution and presents proposals for fundamental reform.

Richard A. Posner is Circuit Judge, the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School.

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

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