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Reports and 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.

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Assessment of Caseload Burden in the U.S. Court of Appeals for the D.C. Circuit – Report to the Subcommittee on Judicial Statistics of the Committee on Judicial Resources of the Judicial Conference of the United States

The mix of cases in the U.S. Court of Appeals for the District of Columbia Circuit differs markedly from the case mix of other U.S. courts of appeals. The implications of this difference for judicial workload and judgeship needs, however, have been unclear. At the request of the Subcommittee on Judicial Statistics of the Judicial Conference Committee on Judicial Resources, we conducted this study to assist the subcommittee in assessing judgeship needs in the D.C. Circuit.

January 1, 1999
Assistance to Pro Se Litigants in U.S. District Courts: A Report on Surveys of Clerks of Court and Chief Judges

This report is based on a study conducted by the Federal Judicial Center for the Judicial Conference Committee on Court Administration and Case Management. The study sought information from district court clerks of court about programs, services, and materials their courts have developed to assist pro se litigants and to assist staff in handling pro se cases. The study also sought information from district court chief judges about the impact of pro se litigants on judges and chambers staff and what measures the judges have taken to meet the demands of these cases. This report presents the results of the study. Among the many findings reported are, for example, the number and identity of districts that have established pro bono, mediation, and e-filing programs, the measures clerks and chief judges have found most effective for handing prisoner and non-prisoner pro se cases, and the top issues these cases present for clerks' offices and judges.

January 1, 2011
Attitudes of United States Judges Toward Limitation of Oral Argument and Opinion-Writing in the United States Courts of Appeals

The results of a survey undertaken for the Commission on Revision of the Federal Court Appellate System, in which the attitudes of federal judges regarding appellate oral argument and opinion-writing practices were explored. The author concludes that judges are more satisfied with truncated procedures in the appellate courts than are lawyers; lawyers would opt for more judges and courts to ease the burden on court dockets.

January 1, 1975
Attorney Attitudes Toward Limitation of Oral Argument and Written Opinion in Three U.S. Courts of Appeals

A report prepared for the Commission on Revision of the Federal Court Appellate System

January 1, 1974
Attorney Choice of Forum in Class Action Litigation: What Difference Does It Make?

This article presents a post-Class Action Fairness Act of 2005 (CAFA) discussion and analysis of data presented previously in An Empirical Examination of Attorneys' Choice of Forum in Class Action Litigation (FJC 2005). Data originated from a national random survey of 728 attorneys who represented plaintiffs and defendants in 621 closed class action cases. New discussion centers on the assumptions underlying CAFA about differences in federal and state court treatment of class actions. New data are presented on the types of cases (nature of suit) and the state of filing for survey cases that were originally filed in state court. From 81 Notre Dame Law Review 591 (January 2006).

January 1, 2006
Attorney Fee Petitions: Suggestions for Administration and Management

An analysis of the cases, statutes, local rules, and other materials affecting judicial management of attorney fee petitions. The authors offer alternative approaches to various attorney fee issues and discuss techniques for streamlining repetitive aspects of fee applications and disputes.

January 1, 1985
Attorney Reports on the Impact of Amchem and Ortiz on Choice of a Federal or State Forum in Class Action Litigation: A Report to the Advisory Committee on Civil Rules Regarding a Case-based Survey of Attorneys

While considering a proposal to amend Fed. R. Civil P. 23 to create new certification standards that would apply only to settlement class actions, the Advisory Committee on Civil Rules sought this empirical research from the Center to help it decide how to proceed. This report is the second phase. For the first phase see Effects of Amchem/Ortiz on the Filing of Federal Class Actions: Report to the Advisory Committee on Civil Rules (2002).

April 1, 2004
Attorney Satisfaction with the Federal Rules of Civil Procedure—Report to the Judicial Conference Advisory Committee on Civil Rules

This report compares selected questions from opinion surveys regarding civil litigation completed by members of the American College of Trail Lawyers, ABA Section of Litigation, and National Employment Lawyers Association (NELA).

March 1, 2010
Attorney-Client Fee Arrangements: Regulation and Review

An analysis of federal and state statutes, decisions, and rules concerning the awarding or setting of attorneys' fees. The report focuses on four problem areas: valuation of legal services, division of fees among attorneys, contingent fee arrangements, and funding of public-interest litigation through fee awards.

January 1, 1980
Attorneys' Fees in Class Actions

A circuit-by-circuit review of case law governing award of attorneys' fees in class actions and an examination of abuses in fee requests. The report also includes a discussion of judges' and attorneys' attitudes toward fee computation. Recommendations focus on procedures, implemented early in litigation, designed to avoid problems when fee requests are submitted.

January 1, 1980