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The Federal Courts: Challenge and Reform, Revised Edition [Hardcover]

The Honorable Richard A. Posner (Author)

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Book Description

November 1, 1996 0674296265 978-0674296268

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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Editorial Reviews

From Library Journal

In a revised and substantially improved edition of his classic 1985 book, The Federal Courts: Crisis and Reform, Posner, chief judge of the U.S. Court of Appeals for the Seventh Circuit, provides an insightful and distinctive examination of the problems and challenges that have arisen from the unprecedented growth in caseload in federal courts. He shows that this growth has had many consequences for the structure and operation of the federal judiciary. Using an economic approach to litigation to assess the costs and benefits of reforming the federal judiciary, Posner raises critical objections to simple palliatives for judicial reform, such as specialized courts or limiting or abolishing diversity jurisdiction. Instead, he proposes fundamental reforms for the role of federal courts within our federal system. Posner's thoughtful analysis is highly recommended for academic and law libraries.?Steven Puro, St. Louis Univ.
Copyright 1997 Reed Business Information, Inc.

Review

In a revised and substantially improved edition of his classic 1985 book, The Federal Courts: Crisis and Reform, Posner, chief judge of the U.S. Court of Appeals for the Seventh Circuit, provides an insightful and distinctive examination of the problems and challenges that have arisen from the unprecedented growth in caseload in federal courts...[His] thoughtful analysis is highly recommended. (Library Journal )

[T]he book provides a comprehensive evaluation of the federal judiciary. While Posner raises serious concerns about the burgeoning caseload in federal appellate courts, he also carefully distinguishes the caseload from the workload...Posner's thought-provoking proposals are worth consideration. Anyone concerned with the judicial administration of appellate courts should read this book. (Mary Massaron Ross State Bar of Michigan Appellate Practice Section Newsletter )

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More About the Author

Richard A. Posner is a judge of the U.S. Court Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School. He is the author of numerous books, including Overcoming Law, a New York Times Book Review editors' choices for best book of 1995 and An Affair of State: The Investigation, Impeachment, and Trial of President Clinton, one of Times' choices for Best Book of the Year in 1999 and a Los Angeles Times Book Prize Finalist, 2000.

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Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
diversity filings, federal judicial salaries, federal judicial services, weighted caseload, generalist judiciary, court queue, appellate caseload, appeal rate, federal caseload, institutional litigant, caseload growth, judicial output, judicial caseloads, federal courts today, judicial budget, net expected value, caseload figures, caseload pressures, federal criminal jurisdiction, most federal judges, judicial workload, diversity cases, circuit judgeships, corpus jurisdiction, diversity jurisdiction
Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Ninth Circuit, Tax Court, Fourteenth Amendment, New York, Harvard Law Review, Article Ill, Seventh Circuit, Labor Board, Civil War, Oliver Wendell Holmes, American Law Institute, Bill of Rights, Federal Tort Claims Act, Court of Claims, President Reagan, Sheldon Goldman, Statistical Abstract, Third Circuit, Bureau of the Census, National Labor Relations Board, Seventh Amendment, Charles Alan Wright, Common Lain, Federal Reporter
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