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A description of the Ninth Circuit's early use of panels composed of three bankruptcy judges to hear and decide initial appeals from decisions of the bankruptcy courts. Reprinted from 21 Arizona State University Law Journal 181 (1989).
An anthology of Center reports on handling appeals. The editors selected writings from the twenty-five published and unpublished reports on the topic the Center has supported in the last fifteen years. Eighteen of these reports are reprinted in whole or in part. The editors' introductions to each of the book's five parts provide descriptions or summaries of the reports not reprinted.
Introduction: Robert A. Katzman and Michael Tonry
Part One: Case Management, 13
- Introduction, by Robert A. Katzman and Michael Tonry, 15
- An An Evaluation of the Civil Appeals Management Plan: An Experiment in Judicial Administration , by Jerry Goldman, 21
- A Reevaluation of the Civil Appeals Management Plan, by Anthony Partridge and Allan Lind, 89
- The Seventh Circuit Preappeal Program: An Evaluation, by Jerry Goldman, 171
- Administration of Justice in a Large Appellate Court: The Ninth Circuit Innovations Project, by Joe S. Cecil, 207
Part Two: Case Weighting, 293
- Introduction, Michael Tonry, 295
- A Summary of the Third Circuit Time Study, by Division of Research, Federal Judicial Center, 299
- Appellate Court Caseweights, by Division of Research, Federal Judicial Center, 309
- The Cases of the United States Court of Appeals for the District of Columbia Circuit, by Gordon Bermant, Patricia A. Lombard, and Carroll Seron, 337
Part Three: Oral Arguments, Briefs, and Opinions, 389
- Introduction, by Robert A. Katzman and Michael Tonry, 391
- Deciding Cases Without Argument: An Examination of Four Courts of Appeals, by Joe S. Cecil and Donna Stienstra, 397
- Appeals Without Briefs: Evaluation of an Appeals Expediting Program in the Ninth Circuit, by John E. Shapard, 441
- An Evaluation of Limited Publication in the United States Courts of Appeals: The Price of Reform, by William L. Reynolds and William M. Richman, 455
- Unpublished Dispositions: Problems of Access and Use in the Courts of Appeals, by Donna Stienstra, 497
Part Four: Administration, 535
- Introduction, by Robert A. Katzman and Michael Tonry, 537
- The Impact of the Circuit Executive Act, by John T. McDermott and Steven Flanders, 543
- The First Decade of the Circuit Executive Act: An Evaluation, by John W. Macy, Jr., 629
- Screening Practices and the Use of Para-Judicial Personnel in the U.S. Courts of Appeal: A Study in the Fourth Circuit, by Steven Flanders and Jerry Goldman, 641
- Operation of the Federal Judicial Councils, by Steven Flanders and John T. McDermott, 657
- Administering the Federal Judicial Circuits: A Survey of Chief Judges' Approaches and Procedures, by Russell R. Wheeler and Charles W. Nihan, 691
Part Five: Technology, 743
- Introduction, Michael Tonry, 745
- The Impact of Word Processing and Electronic Mail on United States Courts of Appeals, by Larry Farmer and J. Michael Greenwood, 749
- Follow-Up Study of Word Processing and Electronic Mail in the Third Circuit Court of Appeals, by J. Michael Greenwood, 801
A paper that examines the application of the sanctions provisions of Federal Rule of Civil Procedure 11 during the first few years after the 1983 amendments to the rule, with emphasis on appellate cases. The paper describes emerging patterns, identifying situations in which the appellate courts have found sanctions to be clearly applicable and situations in which appellate courts have demonstrated restraint in applying the rule to certain litigation practices.
A brief analysis of the issue of equitable access to unpublished appellate decisions, based on an examination of the circuit courts' rules and practices regarding distribution and citation of unpublished dispositions. Data on the number and types of unpublished dispositions in statistical years 1981 to 1984 are presented.
A 1985 examination of the controversy and difficulties encountered by the Social Security Administration when determining disability and adjudicating appeals. The report presents overviews of the Social Security Disability and Supplemental Security Income programs and the role judicial review played in those programs.
An investigation of problems encountered by the Ninth Circuit in its Appeals Without Briefs (AWB) Program, which was designed to expedite the disposition of civil appeals presenting comparatively straightforward issues. The author recommends solutions to the problems described by judges and counsel participating in the program and concludes that a revised AWB program could be successful.
A paper that explores the special problems of repetitive litigation by the United States, including the institutional role of the Of-ce of the Solicitor General. The authors also examine the potential utility of a national court of appeals or an intercircuit tribunal in controlling undesirable repetitive litigation on the part of the United States. Reprint of 70 Iowa Law Review 113 (1984).
The report of the Center's second evaluation of the Second Circuit court of appeals' Civil Appeals Management Plan (CAMP), which in contrast to the first evaluation (see An Evaluation of the Civil Appeals Management Plan), reveals that CAMP was producing the benefits expected of it. In addition to reducing average disposition time, CAMP resulted in settlement or withdrawal of about 10% of the appeals eligible for the program, producing a reduction of approximately 8% in the total number of appeals. This evaluation is also known as CAMP-2.
An examination of the relative judicial and administrative burdens produced by various case types in the D.C. Circuit. The study confirms that the burden arising from the quantity of material presented to the court for consideration is greater in administrative agency cases than in other case types.
An evaluation of the effects of certain prehearing practices on reducing workloads of Seventh Circuit judges. The study covers scheduling orders and prehearing conferences conducted by a senior staff attorney working alone or in collaboration with a circuit judge.