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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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Report Pursuant to Section 202(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 The economic turmoil that affected the global economy and markets beginning in late 2007 is well documented. This report does not seek to restate those events or evaluate the potential causes of the resulting recession. Rather, this report is forward-looking and considers the existing statutory schemes for resolving any future distress at bank holding companies and nonbank financial institutions. Specifically, it analyzes Title 11 of the United States Code (the “Bankruptcy Code”; a list of capitalized defined terms used herein is set forth at Appendix A) and Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the “Act”). The Administrative Office of the United States Courts (“AOUSC”) submits this report pursuant to section 202(e) of the Act. This report to Congress was prepared with the assistance of the Federal Judicial Center. |
July 21, 2011 |
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Motions for Sanctions Based Upon Spoliation of Evidence in Civil Cases: Report to the Judicial Conference Advisory Committee on Civil Rules In 2010, the Judicial Conference Advisory Committee on Civil Rules requested a study of motions for sanctions based on an allegation that the nonmoving party had destroyed evidence, especially electronically stored information (ESI). The study examined the electronic docket records of civil cases filed in 2007–2008 in 19 districts, including at least one district in every circuit except the District of Columbia Circuit. This report summarizes the findings of that study and, where appropriate, compares those findings to other studies. |
June 6, 2011 |
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Comparative Study of the Taxation of Costs in the Circuit Courts of Appeals Under Rule 39 of the Federal Rules of Appellate Procedure: Report to the Advisory Committee on Appellate Rules of the Judicial Conference of the United States The Judicial Conference Advisory Committee on Appellate Rules requested this report on circuit practices for awarding costs under Rule 39 of the Federal Rules of Appellate Procedure. The report describes the variations among the circuits' rules and procedures, compares how the circuits have implemented Fed. R. App. P 39, and presents a comparative analysis of costs awards. It also offers some procedural and conclusory observations from the research. |
April 1, 2011 |
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Surveys of Bankruptcy Court Practices Regarding Applications for Administrative Costs The reports below detail the results of two surveys, conducted in 2010–2011, of bankruptcy attorneys and bankruptcy clerks of court about court practices regarding applications for payment of administrative expenses. Appendix A provides examples of existing court procedures for requests of such payments. |
March 17, 2011 |
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Motions to Dismiss for Failure to State a Claim After Iqbal: Report to the Judicial Conference Advisory Committee on Civil Rules This report presents the findings of a Federal Judicial Center study on the filing and resolution of motions to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The study was requested by the Judicial Conference Advisory Committee on Civil Rules. This request was prompted by two recent Supreme Court decisions — Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009) — that interpreted Rule 8(a) by stating that a plaintiff must present a "plausible" claim for relief. |
March 1, 2011 |
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A Summary of Responses to a National Survey of Rule 16 of the Federal Rules of Criminal Procedure and Disclosure Practices in Criminal Cases: Final Report to the Advisory Committee on Criminal Rules (Appendices) The Center prepared this report at the request of the Advisory Committee on Criminal Rules as it considers whether to amend Rule 16 to incorporate the government's constitutional obligation to provide exculpatory and impeachment evidence to the defense or, instead, to create a broader disclosure obligation. The Center conducted a national survey, which included an online survey of all federal district and magistrate judges, U.S. Attorneys' Offices, federal defenders, and a sample of defense attorneys in criminal cases that terminated during calendar year 2009.
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February 1, 2011 |
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A Summary of Responses to a National Survey of Rule 16 of the Federal Rules of Criminal Procedure and Disclosure Practices in Criminal Cases: Final Report to the Advisory Committee on Criminal Rules The Center prepared this report at the request of the Advisory Committee on Criminal Rules as it considers whether to amend Rule 16 to incorporate the government's constitutional obligation to provide exculpatory and impeachment evidence to the defense or, instead, to create a broader disclosure obligation. The Center conducted a national survey, which included an online survey of all federal district and magistrate judges, U.S. Attorneys' Offices, federal defenders, and a sample of defense attorneys in criminal cases that terminated during calendar year 2009. |
February 1, 2011 |
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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 |
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Circuit CJA Case-Budgeting Attorney Pilot Project Evaluation (2007–2009) Appendix During the period January through April of 2007, a case-budgeting attorney (CBA) was hired in each of the Second, Sixth, and Ninth Circuits as part of the Case-Budgeting Attorney Pilot Project authorized by the Judicial Conference of the United States. The primary responsibilities of the CBAs were providing objective case-budgeting advice to attorneys and judges and enhancing case management in the pilot circuits. The Judicial Conference’s Committee on Defender Services asked the Federal Judicial Center to conduct an evaluation of the pilot program. This appendix supplements the final report that was submitted on December 20, 2010. |
December 20, 2010 |
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The Use of Courtrooms in U.S. Bankruptcy Courts: A Report to the Judicial Conference Committee on Court Administration & Case Management At the request of the Judicial Conference Committee on Court Administration and Case Management, the Federal Judicial Center conducted a study of the use of courtrooms in the U.S. bankruptcy courts. The study, which was conducted from mid-2008 to late 2010, followed completion of a similar study of courtroom use in the federal district courts, see The Use of Courtrooms in U.S. District Courts (2008). Findings reported in the study are based on data collected in nine bankruptcy courts from September 14, 2009, through December 14, 2009, and in nine other bankruptcy courts from January 18, 2010, through April 16, 2010. Note: Technical appendices 2 and 6 are forthcoming. |
December 17, 2010 |