NCJ Number
76562
Date Published
1981
Length
432 pages
Annotation
This book examines the second, fifth, and District of Columbia circuits to illustrate how courts of appeals contribute to decentralization and regionalization of Federal laws.
Abstract
Three factors that contribute to the problem are explored. These include factors that bind the highly decentralized Federal courts into a judicial system, what controls the discretion of judges in making law and policy, and how quality decisions can be maintained under heavy volume pressure. The author argues that diversity and uniformity are intrinsic to the Federal appellate process. To illustrate the finality and variety of circuit decisions, the author examines business and functions of three circuit courts between 1960 and 1979, tracking almost 5,000 appeals in the flow of litigation. Drawing on interviews with 35 circuit judges, the discussion covers political attitudes and role perceptions with regard to judicial voting behavior. It is concluded that shared political and professional values among judges undergird the system of formal review and that informal norms reduce conflict and help achieve consensus. Concerning strategies of reform, it is emphasized that excessive preoccupation with uniformity and modernization is inadvisable. The prudent reform course is a limited program geared to proven needs. Five figures, 83 tables, an index, chapter footnotes, and reference notes are provided. Methodological notes, and sources and subjects of court decisions are appended. (Author abstract modified)