Federal Courts Challenge and Reform, Revised Edition

Name: Federal Courts Challenge and Reform, Revised Edition
Price: 7.26 USD
Availability: InStock
ISBN: 9780674296275

ISBN-10: 0674296273

ISBN-13: 9780674296275

Edition: 2nd 1996 (Revised)

Authors: Richard A. Posner

List price: $49.00

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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.

Book details

List price: $49.00
Edition: 2nd
Copyright year: 1996
Publisher: Harvard University Press
Publication date: 9/15/1999
Binding: Paperback
Pages: 430
Size: 6.13" wide x 9.25" long x 1.00" tall
Weight: 1.342
Language: English

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