Federal Courts / Edition 2

Federal Courts / Edition 2

by Richard A. Posner
     
 

ISBN-10: 0674296273

ISBN-13: 9780674296275

Pub. Date: 09/15/1999

Publisher: Harvard University Press

The federal courts are the world's most powerful judiciary and a vital element of the American political system. In recent decades, these courts have experienced unprecedented growth in caseload and personnel. Many judges and lawyers believe that a "crisis in quantity" is imperiling the ability of the federal judiciary to perform its historic function of

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Overview

The federal courts are the world's most powerful judiciary and a vital element of the American political system. In recent decades, these courts have experienced unprecedented growth in caseload and personnel. Many judges and lawyers believe that a "crisis in quantity" is imperiling the ability of the federal judiciary to perform its historic function of administering justice fairly and expeditiously. In a substantially revised edition of his widely acclaimed 1985 book The Federal Courts: Crisis and Reform, Chief Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit provides a comprehensive evaluation of the federal judiciary and a detailed program of judicial reform. Drawing on economic and political theory as well as on legal analysis and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises the concerns that have been expressed with the courts' performance, and presents a variety of proposals for both short-term and fundamental reform. In contrast to some of the direr prophecies of observers of the federal courts, Posner emphasizes the success of these courts in adapting to steep caseload growth with minimum sacrifice in quality.

Although the book ranges over a variety of traditional topics in federal jurisdiction, the focus is steady on federal judicial administration conceived of as an interdisciplinary approach emphasizing system rather than doctrine, statistics rather than impressions, and caseload rather than cases. Like the earlier edition, this book promises to be a landmark in the empirical study of judicial administration.

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Product Details

ISBN-13:
9780674296275
Publisher:
Harvard University Press
Publication date:
09/15/1999
Edition description:
Revised Edition
Pages:
432
Product dimensions:
6.14(w) x 9.21(h) x 0.88(d)

Table of Contents

Preface
IThe Institution
1The Organization of the Federal Courts3
2The Jurisdiction of the Federal Courts40
IIThe Challenge
3The Growth of the Caseload53
4Why the Caseload Has Grown So87
5Consequences: The System Expands...124
6... And Is Streamlined160
IIIIncremental Reform
7Palliatives193
8Specialized Courts244
IVFundamental Reform
9The Role of Federal Courts in a Federal System273
10Federal Judicial Self-Restraint304
11The Federal Judicial Craft335
Appendix: Supplementary Tables385
Index403

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