NCJ Number
40252
Journal
Indiana Law Journal Volume: 52 Issue: 1 Dated: (FALL 1976) Pages: 63-95
Date Published
1976
Length
33 pages
Annotation
THIS ARTICLE EXAMINES SOME PROBLEMS OF INSTITUTIONAL REFORM OF THE FEDERAL APPELLATE COURTS AND ASSUMES THAT SUCH ADMINISTRATIVE CHANGES CAN HAVE GREAT EFFECT UPON BOTH THE CASELOAD AND THE QUALITY OF COURT DECISIONS.
Abstract
CASEFLOW THROUGH THE FEDERAL COURT SYSTEM IS ANALYZED TO DETERMINE WHETHER EXISTING PROPOSALS FOR FEDERAL COURT REFORM ARE BASED UPON CORRECT PERCEPTIONS OF THE ROLES PLAYED BY THE COURTS OF APPEALS AND THE SUPREME COURT. VARIOUS INTRACOURT REFORMS WHICH MIGHT BE IMPLEMENTED BY THE COURTS OF APPEALS ARE THEN ANALYZED, INCLUDING EFFORTS TO IMPROVE THE EFFICIENCY OF THE VIEW PROCESS (CASE DOCKETING REFORM AND CASE SCREENING) AND THE ADDITION OF EITHER MORE JUDGES OR MORE CIRCUITS. A THIRD SECTION DISCUSSES THE SCREENING PROCESS AND GROWING DOCKET OF THE SUPREME COURT, THE EFFECT OF VARIOUS REFORM PROPOSALS UPON THEM, AND OTHER POSSIBLE METHODS BY WHICH THE COURT CAN CONTINUE ITS CONFLICT-RESOLVING AND POLICYMAKING ROLES. IT IS CONCLUDED THAT ADMINISTRATIVE REFORMS STRESSING EFFICIENCY WILL ALLOW THE FEDERAL JUDICIARY TO DISPOSE OF MORE CASES, BUT AT THE SAME TIME MIGHT IMPAIR THE INTEGRITY AND QUALITY OF THE RESULTING DECISIONS AND/OR LEAD TO AN INCREASE IN FILINGS AT EVERY LEVEL. IT IS SUGGESTED THAT THE ONLY VIABLE, SEMI-PERMANENT SOLUTION TO THE CASELOAD PROBLEM IS, THEREFORE, TO REVISE AND REDISTRIBUTE THE JURISDICTION OF THE FEDERAL COURTS. (AUTHOR ABSTRACT MODIFIED)....ELW