Research Reports

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The Role of Staff Attorneys and Face-to-Face Conferencing in Non-Argument Decisionmaking: A View from the Tenth Circuit Court of Appeals

Donna J. Stienstra, Joe S. Cecil

January 1, 1989

Using materials obtained through interviews with the court of appeals' judges and staff attorneys, as well as visiting judges, the authors discuss the procedure used by the court for selecting and deciding cases suitable for disposition without argument.

Use of Rule 12(b)(6) in Two Federal District Courts

Thomas E. Willging

January 1, 1989

Federal Rule of Civil Procedure 12(b)(6) allows the defense of "failure [of a complaint] to state a claim upon which relief can be granted." The Center conducted the study at the request of the Advisory Committee on Civil Rules of the Judicial Conference of the United States and its reporter, Pro

The Budgetary Impact of Possible Changes in Diversity Jurisdiction

Anthony Partridge

January 1, 1988

A report that estimates the budgetary impact of the 1988 amendments to diversity-of-citizenship jurisdiction and the potential impact as of 1988, of other proposals. The report presents a method for estimating the impact of changes in federal jurisdiction.

Alternative Dispute Resolution in a Bankruptcy Court: The Mediation Program in the Southern District of California

Gordon Bermant, Steven Hartwell

January 1, 1988

A study of the Southern District of California's bankruptcy mediation program. The authors summarize interviews with twenty-six program participants and analyze the first eighty adversary proceedings to come to mediation.

Managing Appeals in Federal Courts

Robert A. Katzmann, Michael Tonry, Jerry Goldman, Anthony Partridge, Allan E. Lind, Joe S. Cecil, Gordon Bermant, Patricia A. Lombard, Carroll Seron, Donna J. Stienstra, John E. Shapard, William L. Reynolds, John E. McDermott, Steven Flanders, John W. Macy Jr., Russell R. Wheeler, Charles W. Nihan, Larry C. Farmer, J. Michael Greenwood

January 1, 1988

An anthology of Center reports on handling appeals. The editors selected writings from the twenty-five published and unpublished reports on the topic the Center has supported in the last fifteen years. Eighteen of these reports are reprinted in whole or in part.

The Rule 11 Sanctioning Process

Thomas E. Willging

January 1, 1988

A report that discusses the possible chilling effects and potential for creating satellite litigation of Federal Rule of Civil Procedure 11 (before the 1993 amendment that increased judges' discretion as to imposing sanctions).

Trends in Asbestos Litigation

Thomas E. Willging

January 1, 1987

A report, prepared as asbestos litigation was becoming a growing presence on federal dockets, based on an intensive study of ten federal district courts with heavy asbestos caseloads.

Pattern Criminal Jury Instructions: Report of the Subcommittee on Pattern Jury Instructions, Committee on the Operation of the Jury System, Judicial Conference of the United States, Second Edition

Judicial Conference of the United States, Committee on the Operation of the Jury System

January 1, 1987

These instructions were prepared initially by a Federal Judicial Center committee in 1982 and revised in 1987 by the former Subcommittee on Pattern Jury Instructions of the former Judicial Conference Committee on the Operation of the Jury System.

Judicial Sabbaticals

Ira P. Robbins

January 1, 1987

Examines the possible use of sabbatical leave for federal judges as a means of improving judges' morale, reducing their job-related stress, and reducing attrition in their ranks.

Home Confinement: An Evolving Sanction in the Federal Criminal Justice System

Paul J. Hofer, Barbara Meierhoefer

January 1, 1987

An evaluation of home confinement as an alternative to imprisonment in the federal system. The authors examined selection procedures and criteria, types of monitoring, the role of probation officers, and other elements of home confinement programs.

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Research Reports

The Role of Staff Attorneys and Face-to-Face Conferencing in Non-Argument Decisionmaking: A View from the Tenth Circuit Court of Appeals

Use of Rule 12(b)(6) in Two Federal District Courts

The Budgetary Impact of Possible Changes in Diversity Jurisdiction

Alternative Dispute Resolution in a Bankruptcy Court: The Mediation Program in the Southern District of California

Managing Appeals in Federal Courts

The Rule 11 Sanctioning Process

Trends in Asbestos Litigation

Pattern Criminal Jury Instructions: Report of the Subcommittee on Pattern Jury Instructions, Committee on the Operation of the Jury System, Judicial Conference of the United States, Second Edition

Judicial Sabbaticals

Home Confinement: An Evolving Sanction in the Federal Criminal Justice System

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