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Civil Justice Reform And The Balkanization Of Federal Civil Procedure, Carl W. Tobias
Civil Justice Reform And The Balkanization Of Federal Civil Procedure, Carl W. Tobias
Law Faculty Publications
The recent civil war ripping apart Yugoslavia is a trenchant reminder of the horrors of balkanization. Without trivializing the Yugoslavian experience, the term balkanization usefully applies to developments in American federal civil procedure that now threaten the continued viability of a uniform, simple system of procedure. Thirty-four federal courts' nascent implementation of the Civil Justice Reform Act (CJRA) of 1990 will exacerbate these developments; indeed, if the remaining sixty districts that must issue civil justice expense and delay reduction plans by December 1993 fail to halt this trend, the Act will further fragment procedure. This article cautions those responsible for …
The President And The Federal Bench, Carl W. Tobias
The President And The Federal Bench, Carl W. Tobias
Law Faculty Publications
Professor Tobias assesses the efforts of the George H.W. Bush Administration in appointing women and African-Americans to the federal bench.
Civil Justice Planning In The Montana Federal District, Carl W. Tobias
Civil Justice Planning In The Montana Federal District, Carl W. Tobias
Law Faculty Publications
The Montana Federal District Court recently finalized its civil justice expense and delay reduction plan under the Civil Justice Reform Act (CJRA) of 1990. In April, 1992, the Montana District essentially adopted whole cloth, and made effective, the civil justice plan that it had issued in December, 1991 to qualify for designation as an Early Implementation District Court (EIDC). Relatively few members of the Montana Bar exhibited much interest in the planning effort that preceded promulgation of the civil justice plan. Because the new procedural regime that the Montana District instituted could significantly change the character of federal court practice, …