University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 1997 Suggestions for Studying the Federal Appellate System Carl W. Tobias University of Richmond,
[email protected] Follow this and additional works at: http://scholarship.richmond.edu/law-faculty-publications Part of the Courts Commons Recommended Citation Carl Tobias, Suggestions for Studying the Federal Appellate System, 49 Fla. L. Rev. 189 (1997) This Article is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact
[email protected]. Florida Law Review VOLUME49 APRIL 1997 NUMBER 2 SUGGESTIONS FOR STUDYING THE FEDERAL APPELLATE SYSTEM Carl Tobias* I. ORIGINS AND DEVELOPMENT OF A NATIONAL STUDY COMMISSION . 192 A. General Background . 192 B. Ninth Circuit . 196 1. Earlier Proposals to Split the Ninth Circuit and Ameliorative Efforts . 196 2. The 1990 Effort . 197 3. Activities of the 104th Congress . 198 a. Circuit-Splitting Bills . 198 b. Commission Proposals . 202 i. The Senate Proposal . 202 ii. Additional Ninth Circuit-Specific Proposals . 204 4. Activities of the 105th Congress . 205 II. SUGGESTIONS FOR THE Fu11JRE . 214 A. Suggestions for Resolving Unclear Aspects of the Study . 214 B. Suggestions for Efficacious Use of Commission Time . : . 219 1. Information Collection . 219 2. Identifying the Problems . 221 a. The Regional Circuits . 221 b. Ninth Circuit . 223 3. Identifying the Solutions . 226 a. The Regional Circuits . 229 * Professor of Law, University of Montana. I wish to thank Peggy Sanner for valuable suggestions, Cecelia Palmer and Charlotte Wilmerton for processing this piece, as well as Ann and Tom Boone and the Harris Trust for generous, continuing support.