Re-Examining Accepted Premises of Regional Circuit Structure
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A Bibliography for the United States Courts of Appeals
Florida International University College of Law eCollections Faculty Publications Faculty Scholarship 1994 A Bibliography for the United States Courts of Appeals Thomas E. Baker Florida International University College of Law Follow this and additional works at: https://ecollections.law.fiu.edu/faculty_publications Part of the Courts Commons, and the Judges Commons Recommended Citation Thomas E. Baker, A Bibliography for the United States Courts of Appeals , 25 Tex. Tech L. Rev. 335 (1994). Available at: https://ecollections.law.fiu.edu/faculty_publications/152 This Article is brought to you for free and open access by the Faculty Scholarship at eCollections. It has been accepted for inclusion in Faculty Publications by an authorized administrator of eCollections. For more information, please contact [email protected]. A BmLIOGRAPHY FOR THE UNITED STATES COURTS OF APPEALS· by Thomas E. Baker" If we are to keep our democracy, there must be one commandment: Thou shalt not ration justice. - Learned Handl This Bibliography was compiled for a book by the present author entitled, RATIONING JUSTICE ON ApPEAL - THE PROBLEMS OF THE V.S. COURTS OF APPEALS, published in 1994 by the West Publishing Company. That book is a general inquiry into the question whether the United States Courts of Appeals have broken Judge Hand's commandment already and, if not, whether the Congress and the Courts inevitably will be forced to yield to the growing temptation to ration justice on appeal. After a brief history of the intermediate federal courts, the book describes the received tradition and the federal appellate ideal. The book next explains the "crisis in volume," the consequences from the huge docket growth experienced in the Courts of Appeals since the 1960s and projected to continue for the foreseeable future. -
Original Sin and Judicial Independence: Providing Accountability for Justices
William and Mary Law Review VOLUME 50 NO. 4, 2009 ORIGINAL SIN AND JUDICIAL INDEPENDENCE: PROVIDING ACCOUNTABILITY FOR JUSTICES PAUL D. CARRINGTON & ROGER C. CRAMTON * TABLE OF CONTENTS I. A DEFINING CHALLENGE ............................ 1106 A. The Founding Vision ............................ 1109 1. The Federalists’ “Ark of Safety” .................. 1115 B. Removing a Disabled Judge: The Pickering Case ..... 1128 C. The Impeachment of Justice Chase: Are Justices Different? ........................... 1141 1. How To Remove A Justice .................... 1144 CONCLUSION ....................................... 1152 * Paul D. Carrington, Professor of Law, Duke University; Roger C. Cramton, Stevens Professor of Law Emeritus, Cornell University. Thanks to James Boyle, Henry Monaghan, Randall Roth, and Sanford Levinson for their helpful comments and to Michael Schobel for his research assistance. Thanks also to those attending the conference on The Citizen Lawyer presented at the Marshall-Wythe School of Law at the College of William and Mary, to whom this Essay was presented on February 8, 2008, and to the Duke Law faculty workshop. 1105 1106 WILLIAM AND MARY LAW REVIEW [Vol. 50:1105 I. A DEFINING CHALLENGE The independence of the judiciary is an enduring and defining objective of the legal profession. We lawyers, of all citizens, have the greatest stake in shielding judges from intimidation or reward. And that task of protecting judicial independence stands today at the very top of the agenda of the American legal profession. 1 The integrity of law and legal institutions requires more than just the protection of judges. It is equally dependent on the willingness and ability of judges to maintain virtuous disinterest in their work. 2 Some might explain their occasional failings as manifesta- tions of the original sin inherited from Adam; 3 whatever their source, the proclivities of judges to indulge or celebrate themselves are perpetual temptations and judicial self-restraint is a perpetual challenge. -
Calendar No. 260
Calendar No. 260 104TH CONGRESS REPORT 1st Session SENATE 104±197 "! NINTH CIRCUIT COURT OF APPEALS REORGANIZATION ACT OF 1995 DECEMBER 21, 1995.ÐOrdered to be printed Mr. HATCH, from the Committee on the Judiciary, submitted the following REPORT together with MINORITY AND ADDITIONAL VIEWS [To accompany S. 956] The Committee on the Judiciary, to which was referred the bill (S. 956) to amend title 28, United States Code, to divide the ninth judicial circuit of the United States into two circuits, having consid- ered the same, reports favorably thereon, with an amendment in the nature of a substitute, and recommends that the bill, as amended, do pass. CONTENTS Page I. Purpose ........................................................................................................... 3 II. Legislative history ......................................................................................... 3 III. Discussion ....................................................................................................... 6 IV. Vote of the committee .................................................................................... 11 V. Section-by-section analysis ............................................................................ 12 VI. Cost estimate .................................................................................................. 14 VII. Regulatory impact statement ........................................................................ 15 VIII. Minority views of Senators Biden, Kennedy, Leahy, Simon, Kohl, Fein- -
A Tribute to the Fordham Judiciary: a Century of Service
Fordham Law Review Volume 75 Issue 5 Article 1 2007 A Tribute to the Fordham Judiciary: A Century of Service Constantine N. Katsoris Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Constantine N. Katsoris, A Tribute to the Fordham Judiciary: A Century of Service, 75 Fordham L. Rev. 2303 (2007). Available at: https://ir.lawnet.fordham.edu/flr/vol75/iss5/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. A Tribute to the Fordham Judiciary: A Century of Service Cover Page Footnote * This article is dedicated to Justice Sandra Day O'Connor, the first woman appointed ot the U.S. Supreme Court. Although she is not a graduate of our school, she received an honorary Doctor of Laws degree from Fordham University in 1984 at the dedication ceremony celebrating the expansion of the Law School at Lincoln Center. Besides being a role model both on and off the bench, she has graciously participated and contributed to Fordham Law School in so many ways over the past three decades, including being the principal speaker at both the dedication of our new building in 1984, and again at our Millennium Celebration at Lincoln Center as we ushered in the twenty-first century, teaching a course in International Law and Relations as part of our summer program in Ireland, and participating in each of our annual alumni Supreme Court Admission Ceremonies since they began in 1986. -
James Buchanan As Savior? Judicial Power, Political Fragmentation, and the Failed 1831 Repeal of Section 25
MARK A. GRABER* James Buchanan as Savior? Judicial Power, Political Fragmentation, and the Failed 1831 Repeal of Section 25 A ntebellum Americans anticipated contemporary political science when they complained about the tendency of embattled political elites to take refuge in the judiciary. Recent scholarship on comparative judicial politics suggests that judicial review is a means by which constitutional framers provided protection for certain class interests that may no longer be fully protected in legislative settings. Tom Ginsburg claims, "[I]f they foresee themselves losing in postconstitutional elections," the politicians responsible for the constitution "may seek to entrench judicial review as a form of political insurance." 1 Such a constitutional design ensures "[e]ven if they lose the election, they will be able to have some access to a forum in which to challenge the legislature."2 In 1801, Thomas Jefferson foreshadowed this strategy. He asserted that the defeated Federalist Party had "retired into the judiciary as a stronghold ...and from that battery all the works of republicanism are to be beaten down and erased.",3 More than a half century later, Chief Justice David S. *Professor of Law and Government, University of Maryland School of Law. This Article was written while the author was the 2008-09 Wayne Morse Chair at the University of Oregon School of Law. I am grateful to the Morse Foundation, Margaret Hallock, and Elizabeth Weber for their remarkable support. I am also grateful to numerous colleagues at the University of Maryland School of Law and elsewhere who read and commented on what follows without giggling too much. -
Remarks, Presentation of the Fordham-Stein Prize to Judge Gerald Bard Tjoflat October 31,1996
Fordham Law Review Volume 65 Issue 6 Article 2 1997 Remarks, Presentation of the Fordham-Stein Prize to Judge Gerald Bard Tjoflat October 31,1996 Byron R. White Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Byron R. White, Remarks, Presentation of the Fordham-Stein Prize to Judge Gerald Bard Tjoflat October 31,1996, 65 Fordham L. Rev. 2405 (1997). Available at: https://ir.lawnet.fordham.edu/flr/vol65/iss6/2 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. PRESENTATION OF THE FORDHAM-STEIN PRIZE TO JUDGE GERALD BARD TJOFLAT October 31, 1996 INTRODUCITION Byron R. White D EAN Feerick, members of the family of Louis Stein, Fordham Law School faculty, alumni, and friends. It is a great privilege for me to be here to present the 21st Annual Fordham-Stein Prize to Judge Gerald B. Tjoflat, of the United States Court of Appeals for the Eleventh Circuit. He is an outstanding member of the federal bench who has contributed so much to our judicial system for so many years and whose integrity, compassion for others, and great courage serve as a benchmark for all of us. In presenting this evening's prize, we also honor, the late Louis Stein, creator and benefactor of the Fordham-Stein Prize, whose life was devoted to the public interest and service of his fellow man. -
United States Courts Eighth Circuit Report 1982
If you have issues viewing or accessing this file contact us at NCJRS.gov. UNITED STATES COURTS EIGHTH CIRCUIT REPORT 1982 ) P. LAY LESTER C. GOODCHILD Idge Circuit Executive 1/ , " ~¥L·"'J'~;""J,!J:!:~u::.t>;~;"';"'~"\;ti""o:4i,,*,'}~~~i'ii:I&~';:I;"1',\.~~;;'- ..,....:....:\.. · ........ b__ ,:, ''\-' _.':t. un ",a) '~,~ ,"-!.. ~,--.,.&·~".d"_.-~'''~.,.''''''''!_ ..~_,~'\_>"'''"&!~ ____ ---=..-~~l''.Co"",. ~">':>-".""". "",~""",, ,,'.'. "'._o_d'A,." .... " _ "_.'~".""" l0785~ U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this documer.t are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this c~d material has been granted by Public Domain united States Courts to the National Criminal Jus'ice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis sion of the c~ owner. _. .., UNITED STATES COURTS EIGHTH CIRCUIT REPORT ,19>82 DONALD P. LAY LESTER C. GOODCHILD Chief Judge ' Circuit Executive ' FORWARD This report is issued pursuant to 28 U.S.C. § 332 (e) (10). The format follows '?he report issued last year for the calendar years 1980 and 1981. Sections I and II provide information relating to the members of the JUdicial family, the support staff and the administration of the Federal Courts. Section III presents operational data relating to the Judicial process within the Court of Appeals and the District Courts in the Eighth Circuit. Wherever possible data appearing in last years report is updated. -
Educating Artists
DUKE LAW MAGAZINE MAGAZINE LAW DUKE Fall 2006 | Volume 24 Number 2 F all 2006 Educating Artists V olume 24 Number 2 Also: Duke Faculty on the Hill From the Dean Dear Alumni and Friends, University’s Algernon Sydney Sullivan Medal, awarded annually for outstanding commitment to service. This summer, four Duke law faculty members were Graduates Candace Carroll ’74 and Len Simon ’73 called to testify before Congressional committees. have used their talents and resources in support Professor Neil Vidmar appeared before the Senate of civil liberties, women’s rights, and public inter- Committee on Health, Education, Labor and Pensions, est causes; their recent leadership gift to Duke’s to address legislation on medical malpractice suits. Financial Aid Initiative helps Duke continue to attract Professor Madeline Morris testified before the Senate the best students, regardless of their ability to pay, Foreign Relations Committee regarding ratification of and gives them greater flexibility to pursue public the U.S.–U.K. extradition treaty. Professor James Cox interest careers. Other alumni profiled in this issue offered his views on proposed reforms for the conduct who are using their Duke Law education to make a of securities class action litigation to the House difference include Judge Curtis Collier ’74, Chris Kay Committee on Financial Services Subcommittee ’78, Michael Dockterman ’78, Andrea Nelson Meigs on Capital Markets, Insurance, and Government ’94, and Judge Gerald Tjoflat ’57. Sponsored Enterprises. Professor Scott Silliman, I want to thank all alumni, friends, and faculty executive director of the Center on Law, Ethics and who contributed so generously to the Law School in National Security, was on Capitol Hill three times in the past year. -
“Crisis”: Charting a Path for Federal Judiciary Reform
University of New Hampshire University of New Hampshire Scholars' Repository University of New Hampshire – Franklin Pierce Law Faculty Scholarship School of Law 7-1-2020 Revisiting and Confronting the Federal Judiciary Capacity “Crisis”: Charting a Path for Federal Judiciary Reform Ryan G. Vacca University of New Hampshire School of Law, [email protected] Peter S. Menell University of California, Berkeley, School of Law Follow this and additional works at: https://scholars.unh.edu/law_facpub Part of the Courts Commons, and the Judges Commons Recommended Citation 108 Cal. L. Rev. 789 (2020) This Article is brought to you for free and open access by the University of New Hampshire – Franklin Pierce School of Law at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in Law Faculty Scholarship by an authorized administrator of University of New Hampshire Scholars' Repository. For more information, please contact [email protected]. Revisiting and Confronting the Federal Judiciary Capacity “Crisis”: Charting a Path for Federal Judiciary Reform Peter S. Menell* and Ryan Vacca** The modern federal judiciary was established well over a century ago by the Judiciary Act of 1891. Over the next seventy years, the structure and core functioning of the judiciary largely remained unchanged apart from gradual increases in judicial slots. By the mid- 1960s, jurists, scholars, practitioners, and policy-makers had voiced grave concerns about the capacity of the federal system to function effectively in the face of ever-increasing caseloads. Heeding calls for reform, in 1972 Congress charged a commission chaired by Senator Roman Hruska to study the functioning of the federal courts and recommend reforms. -
President Thomas Jefferson V. Chief Justice John Marshall by Amanda
A Thesis Entitled Struggle to Define the Power of the Court: President Thomas Jefferson v. Chief Justice John Marshall By Amanda Dennison Submitted as partial fulfillment of the requirements for The Master of Arts in History ________________________ Advisor: Diane Britton ________________________ Graduate School The University of Toledo August 2005 Copyright © 2005 This document is copyrighted material. Under copyright law, no parts of this document may be reproduced without the expressed permission of the author. Acknowledgments Finishing this step of my academic career would not have been possible without the support from my mentors, family, and friends. My professors at the University of Toledo have supported me over the past three years and I thank them for their inspiration. I especially thank Professors Alfred Cave, Diane Britton, Ronald Lora, and Charles Glaab for reading my work, making corrections, and serving as advisors on my thesis committee. I am eternally grateful to the University of Toledo History Department for their financial and moral support. When I came to the University of Toledo, I would not have survived my first graduate seminar, let alone long enough to finish this project without the experience from my undergraduate career at Southwestern Oklahoma State University. I thank Professors Laura Endicott and John Hayden for their constant support, reading drafts, and offering suggestions and Professors Roger Bromert and David Hertzel for encouraging me via email and on my visits back to Southwestern. Ya’ll are the best. I have a wonderful support system from my family and friends, especially my parents and brother. Thank you Mom and Dad for your encouragement and love. -
History of the New Hampshire Federal Courts
HISTORY OF THE NEW HAMPSHIRE FEDERAL COURTS Prepared by the Clerk’s Office of the United States District Court for the District of New Hampshire - 1991 1 HISTORY OF THE NEW HAMPSHIRE FEDERAL COURTS TABLE OF CONTENTS PREFACE & ACKNOWLEDGMENT .......................................................................................... 5 INTRODUCTION .......................................................................................................................... 7 THE UNITED STATES CIRCUIT COURT ................................................................................ 11 Time Line for the Circuit Court and Related Courts ................................................................ 19 JUDGES OF THE CIRCUIT COURT ......................................................................................... 20 John Lowell ............................................................................................................................... 20 Benjamin Bourne ...................................................................................................................... 21 Jeremiah Smith.......................................................................................................................... 21 George Foster Shepley .............................................................................................................. 22 John Lowell ............................................................................................................................... 23 Francis Cabot Lowell ............................................................................................................... -
Project on Government Oversight to the Presidential Commission on the Supreme Court of the United States
July 9, 2021 Professor Bob Bauer and Professor Cristina Rodríguez, Co-Chairs Professor Kate Andrias, Rapporteur Presidential Commission on the Supreme Court of the United States Dear Professor Bauer, Professor Rodríguez, Professor Andrias, and Members of the Commission: Thank you for requesting written testimony from the Project On Government Oversight to the Presidential Commission on the Supreme Court of the United States. As a nonpartisan government watchdog, we believe strongly in the role of the federal judiciary and the Supreme Court in particular as a vital safeguard of individual rights and a critical check on abuse of power in our constitutional democracy. We are concerned, however, that the increased politicization of Supreme Court selection—coupled with the lack of proper accountability and transparency at the court—is damaging to checks and balances, as well as the legitimacy of this important institution. To address these concerns, last year we assembled the Task Force on Federal Judicial Selection to examine the causes of dysfunction in the selection of Supreme Court justices and to set out reforms. The timing of this invitation to provide testimony to the Presidential Commission is quite auspicious, as just yesterday we released the task force’s new report, Above the Fray: Changing the Stakes of Supreme Court Selection and Enhancing Legitimacy. Our task force includes two former chief justices of state supreme courts, Wallace Jefferson (Texas) and Ruth McGregor (Arizona); Timothy K. Lewis, a former judge on the U.S. Court of Appeals for the Third Circuit; and Judith Resnik, a legal scholar at Yale Law School. This group spent a year examining many of the same concerns that animate the Commission’s review, and we believe that the report could provide a useful blueprint for the work ahead of you.