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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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Certification of Questions of State Law in the U.S. Courts of Appeals for the Third, Sixth, and Ninth Circuits (2010–2018) This report evaluates the use of certified questions of state law between 2010 and 2018 in three U.S. circuit courts of appeal: the Ninth, Sixth, and Third Circuits. The data shows variation in the rate of certification and timing of certification events between the circuits. |
June 3, 2020 |
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Opt-in: Potential Workload Implications for the Federal Judiciary In late 2017, the Committee on Defender Services (Committee) asked the Federal Judicial Center to generate a white paper on the potential effects on the federal courts and the defender services program of a determination that states have “opted in” to special expedited procedures created by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). After a brief discussion of some of the changes under “opt-in,” as Chapter 154’s procedures are called, this white paper discusses the potential impact of opt-in for the federal district and appellate courts with jurisdiction in Arizona and Texas, the two states that have applied for opt-in status thus far. |
February 6, 2020 |
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Disability and the Federal Courts: A Study of Web Accessibility This report on accessibility developed from a yearlong study of various entities of the federal judiciary, including the judiciary’s electronic case filing and processing systems, homepages of federal judiciary websites, and published Judicial Conference and Administrative Office policies on disability and access. This study was undertaken as part of the author’s Science & Technology Policy Fellowship with the Federal Judicial Center through the American Association for the Advancement of Science. |
December 6, 2019 |
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Patent Pilot Program: Status Update, December 2019 Status update provided to the Patent Pilot Program Subcommittee of the Judicial Conference’s Court Administration and Case Management Committee. |
December 2, 2019 |
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Report on the Mandatory Initial Discovery Pilot This report presents findings from surveys of attorneys participating in the Mandatory Initial Discovery Pilot (MIDP). The survey asks participating attorneys to evaluate the effects of the MIDP initial disclosures on pilot cases closed in the District of Arizona and the Northern District of Illinois through March 2019. |
October 15, 2019 |
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Plaintiff Fact Sheets in Multidistrict Litigation This report examines the use of plaintiff fact sheets and related case management tools in multidistrict litigation. |
March 11, 2019 |
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Patent Pilot Program: Status Update, December 2018 Status update provided to the Patent Pilot Program Subcommittee of the Judicial Conference’s Court Administration and Case Management Committee. |
January 22, 2019 |
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Initial Discovery Protocols for Employment Cases Alleging Adverse Action: Report on a Pilot Project to the Judicial Conference Advisory Committee on Rules of Civil Procedure This report is a study of a discovery pilot testing pattern initial disclosures in adverse action employment cases. Compared to a sample of similar cases, pilot cases did not have shorter disposition times but did have fewer discovery motions. For the 2015 evaluation, see Report on Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action (October 2015). For the pilot materials, see Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action (November 2011). |
October 19, 2018 |
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Patent Pilot Program: Status Update, December 2017 Status update provided to the Patent Pilot Program Subcommittee of the Judicial Conference’s Court Administration and Case Management Committee. |
December 29, 2017 |
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Trade Secret Seizure Best Practices Under the Defend Trade Secrets Act of 2016 The Defend Trade Secrets Act of 2016 (DTSA), Pub. L. No. 114-153, became law on May 11, 2016. It amends 18 U.S.C. § 1836 to create a private right of action for the misappropriation of trade secrets “for which any act occurs on or after the date of the enactment” and where the trade secrets “[are] related to [] product[s] or service[s] used in, or intended for use in, interstate or foreign commerce.” The DTSA directs that, not later than two years after the date of enactment of the Act, the Federal Judicial Center, "using existing resources, shall develop recommended best practices for (1) the seizure of information and media storing the information; and (2) the securing of the information and media once seized." These trade secret seizure best practices were developed in response to the DTSA’s mandate and are based on the limited initial experience in the federal courts with 18 U.S.C. § 1836(b)(2). They are being circulated prior to the due date of May 11, 2018, so that courts can benefit from having early guidance on the subject matter. The Center will update these best practices as needed. |
June 28, 2017 |