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Reports & Studies
Below is a list of a number of past published studies conducted by the Research Division. Some Center reports are not published or made publicly available due to restrictions in place from the source of the research request. Most research reports can be downloaded and in some instances, a hardcopy publication can be requested. See also Manuals, Monographs, & Guides.
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The Rule 11 Sanctioning Process 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). It also discusses the nature and adequacy of procedures used to implement the rule. The report is based on interviews with judges and lawyers in eight districts. The author describes his methodology and reports his empirical findings. |
January 1, 1988 |
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Alternative Dispute Resolution in a Bankruptcy Court: The Mediation Program in the Southern District of California 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. They explain the structure of the program and describe the opinions of judges, mediators, and attorneys as to the program's effectiveness. |
January 1, 1988 |
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Trends in Asbestos Litigation 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. The author examines both innovative and traditional methods of handling the asbestos caseload in the federal courts. He makes projections as to the expected future caseload and compares asbestos cases with other types of toxic tort litigation. Major topics include assignment systems, standard pretrial procedures, settlement, consolidation and other trial formats, and special burdens on judges and clerks. |
January 1, 1987 |
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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 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. Many courts have since drafted instructions based on the pattern jury instructions. The Center has neither maintained nor updated these instructions since 1987 and we retain them in our collection for historical interest. They do not necessarily reflect the current state of the law. |
January 1, 1987 |
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Judicial Sabbaticals 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. The author sets out the history of sabbaticals in other fields and discusses the value of such leave for those, like judges, in high-stress occupations. |
January 1, 1987 |
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Deciding Cases Without Argument: An Examination of Four Courts of Appeals A report on the role of staff attorneys and special judicial panels in the selection of cases for nonargument disposition in the federal appellate courts. The report was based on an examination of administrative records and on interviews with clerks, senior staff attorneys, and judges. It discusses the criteria and methods used in selecting nonargument cases, and it presents the judges' views concerning the role of oral argument. |
January 1, 1987 |
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Home Confinement: An Evolving Sanction in the Federal Criminal Justice System 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. They reviewed the role of home confinement within traditional models of sentencing as well as the likely impact of the 1984 Sentencing Reform Act (which took effect after the report was written) on the availability of home confinement as a sentencing tool. |
January 1, 1987 |
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Summary Judgment Practice in Three District Courts A review of data indicating a decline in the percentage of cases disposed of by summary judgment from 1975 to 1986. The report also notes, however, a renewed interest in the use of this procedure, the standards for which have been clarified by several Supreme Court decisions. |
January 1, 1987 |
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The Impact of the Federal Drug Aftercare Program The findings of a study of supervision outcomes for a sample of 1,000 offenders who entered the aftercare program for drug-dependent federal offenders from July 1, 1982, to June 30, 1983. The report includes sixty-three tables of data from the study. |
January 1, 1986 |
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Settlement Strategies for Federal District Judges A discussion of various techniques for settlement, such as judicial mediation, court-annexed arbitration, the use of special masters, summary jury trials, minitrials, and settlement conferences conducted by magistrate judges. The report is based on a conference of judges experienced in different types of settlement, interviews with court personnel, and literature in the field. |
January 1, 1986 |