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Debates on the Federal Judiciary: A Documentary History, Volume III: 1939–2005

Jake Kobrick, Daniel S. Holt
January 5, 2018
In Print: Available for Distribution

The concluding volume of the series covers debates concerning structural changes to the federal courts, including the creation of the U.S. magistrate and U.S. bankruptcy judge positions, and alterations to the federal appellate system, including the division of the Fifth Circuit, the creation of the Federal Circuit, and proposals for a national court of appeals. A section on criminal justice reform recounts debates over access to counsel for indigent defendants, detention before trial, habeas corpus, and the creation of the U.S. Sentencing Commission. The volume also covers proposed civil justice initiatives regarding diversity jurisdiction, class actions, case management, alternative dispute resolution, and the creation of the Judicial Panel on Multidistrict Litigation, and concludes with discussions on the discipline of federal judges, including proposals for a nonimpeachment method for judicial removal.