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Federal Appellate Judiciary in the 21st Century

NCJ Number
123666
Editor(s)
C Harrison, R R Wheeler
Date Published
1989
Length
277 pages
Annotation
These essays and commentaries -- drawn from the proceedings of a 1988 conference that examined the role of the Federal appellate judiciary -- examine both the court operations and the judiciary's role.
Abstract
The presentations pertain to the functioning of the Federal appellate courts in the future, the role of the Federal judiciary and the future allocation of jurisdiction, future relationships between U.S. courts of appeals and U.S. district courts, the relationship between the Federal and State courts, and the uniformity of Federal law. Other topics address the maintenance of the character and collegiality of the courts of appeals, accommodation of the tension between national and decentralized administration, the courts' working with Congress in the future, and the governance of space societies. Recommendations include a revised system of courts' communication with Congress, both before and after statutes are passed; more extensive use of certification of State-law questions from the Federal courts to the highest State courts; and the creation of a second decisional tier in each circuit to define the law. Most of the proposals implicate Congress as well as the courts. Chapter notes, 15 figures, appended supplementary information.