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Rising Workload and Perceived 'Bureaucracy' of the Federal Courts - A Causation-Based Approach to the Search for Appropriate Remedies

NCJ Number
91622
Journal
Iowa Law Review Volume: 68 Issue: 5 Dated: (July 1983) Pages: 871-936
Author(s)
H T Edwards
Date Published
1983
Length
65 pages
Annotation
This discussion of the court caseload problem examines factors contributing to rising workloads and evaluates major remedial strategies that have been devised to correct them.
Abstract
The analysis begins with a brief review of popular perceptions of problems facing the Federal courts. Because these perceptions are oriented to the language of crisis, the author feels they may generate responses not justified by the reality of the situation, and subjects them to critical analysis. This analysis strongly suggests that the problems facing the Federal courts do not yet call for a radical change of course. Three possible contributors to the workload problem are identified: rising litigiousness, 'liberal' judicial decisions, and congressional enactments adding to the jurisdiction of the Federal courts. Finally, an expanded role for alternative dispute resolution mechanisms is recommended as a remedial measure. A total of 299 footnotes are provided. (Author abstract modified)