NCJ Number
35827
Journal
New York University Law Review Volume: 50 Issue: 6 Dated: (DECEMBER 1975) Pages: 1297-1372
Date Published
1975
Length
76 pages
Annotation
THIS ARTICLE SCRUTINIZES THE FEDERAL MAGISTRATE, ANALYZING THE CONSTITUTIONAL, STATUTORY, AND PRECEDENTIAL DEMARCATIONS WHICH GOVERN ANY DELEGATION OF THE JUDICIAL ROLE TO A NONJUDICIAL OFFICER.
Abstract
THE AUTHORS ALSO DESCRIBE A MODEL FOR MAGISTRATE USE CONSISTENT WITH THOSE RESTRICATIONS YET CAPABLE OF EASING THE FEDERAL DISTRICT JUDGES' BURDEN IN CIVIL LITIGATION. THE DUTIES PRESENTLY AND POTENTIALLY REFERABLE TO MAGISTRATES UNDER THE EXISTING MAGISTRATES ACT ARE THEN CATALOGUED. THE ARTICLE CONCLUDES WITH A SERIES OF OBSERVATIONS AND SUGGESTIONS DIRECTED TO THE MORE EFFECTIVE EMPLOYMENT OF THAT SYSTEM. PART ONE OF THIS ARTICLE DISCUSSES THE ENGLISH SYSTEM OF MASTERS AND THE ASSISTANCE THEY PROVIDE IN CIVIL LITIGATION.