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Efforts To Split The Ninth Circuit Unsuccessful In The 109th Congress, Carl W. Tobias
Efforts To Split The Ninth Circuit Unsuccessful In The 109th Congress, Carl W. Tobias
Law Faculty Publications
No abstract provided.
Viewpoint: Legislating Without Deliberation, Carl W. Tobias
Viewpoint: Legislating Without Deliberation, Carl W. Tobias
Law Faculty Publications
No abstract provided.
A Preferable Approach For The Ninth Circuit, Carl W. Tobias
A Preferable Approach For The Ninth Circuit, Carl W. Tobias
Law Faculty Publications
United States Senators Orrin Hatch (R-Utah) and Frank Murkowski (R-Alaska) recently introduced Senate Bill 2184, which would split the United States Court of Appeals for the Ninth Circuit into two circuits. This measure differs from Senate Bill 253 that embodies the recommendations submitted to Congress by the Commission on Structural Alternatives for the Federal Courts of Appeals after its one-year study. The Commission found "no persuasive evidence that the Ninth Circuit ... is not working effectively" and clearly rejected bifurcation. However, the Commission recommended that Congress impose a divisional restructuring on the Ninth Circuit Court of Appeals and authorize the …
The Next Step For The Ninth Circuit, Carl W. Tobias
The Next Step For The Ninth Circuit, Carl W. Tobias
Law Faculty Publications
Professor Arthur Hellman recently published a trenchant critique of the report compiled by the Commission on Structural Alternatives for the Federal Courts of Appeals. In The Unkindest Cut: The White Commission Proposal to Restructure the Ninth Circuit, he emphasizes that the report adduced little empirical data which demonstrate that the Ninth Circuit operates inefficaciously. Indeed, the commissioners candidly declared: "There is no persuasive evidence that the Ninth Circuit ... is not working effectively ... .'' Despite this admission, the Commission prescribed drastic change with a divisional concept, which Professor Hellman finds flawed. He thus urges that Congress "reject the proposal …
A Split By Any Other Name ..., Carl W. Tobias, Proctor Hug Jr.
A Split By Any Other Name ..., Carl W. Tobias, Proctor Hug Jr.
Law Faculty Publications
We applaud the contribution that the Commission on Structural Alternatives for the Federal Courts of Appeals (White Commission) has made to the public debate regarding how the federal courts of appeals can cope with the demands of ever increasing caseloads and no new judicial resources. The White Commission has conscientiously discharged its challenging assignment in the very brief period which Congress allotted. We believe, however, that a careful review of the Commission's research reveals no significant evidence of dysfunction in any court of appeals, and certainly none sufficiently severe to warrant its ultimate recommendation to restructure the Ninth Circuit Court …
A Federal Appellate System For The Twenty-First Century, Carl W. Tobias
A Federal Appellate System For The Twenty-First Century, Carl W. Tobias
Law Faculty Publications
In December 1998, the Commission on Structural Alternatives for the Federal Courts of Appeals issued a report and recommendations for Congress and the President. The commission resulted from ongoing controversy over splitting the U.S. Court of Appeals for the Ninth Circuit The commissioners clearly suggested that the circuit remain intact but proposed three regionally based adjudicative divisions for the appeals court. However, the commission did not adduce persuasive empirical evidence that the Ninth Circuit experiences difficulties that are sufficiently problematic to warrant treatment, particularly with the essentially untested divisional arrangement Accordingly, the Ninth Circuit should continue to experiment with promising …
Panel Rejects Ninth Circuit Split, Carl W. Tobias
Panel Rejects Ninth Circuit Split, Carl W. Tobias
Law Faculty Publications
No abstract provided.
Natural Resources And The Ninth Circuit Split, Carl W. Tobias
Natural Resources And The Ninth Circuit Split, Carl W. Tobias
Law Faculty Publications
Congress recently considered some proposals to split the Ninth Circuit, proposals that could have far-reaching effects on the environment, public lands, and natural resources. This Article first looks at some of the recent developments in Congress, particularly the authorization of a national study commission to examine the federal appeals courts. Professor Tobias predicts that the Ninth Circuit will be split during the next decade. He cautions against using political considerations to conduct legislative policymaking with respect to thefederal courts. He suggests that those concerned about the environment gather reliable information and explore alternatives to circuit-splitting. If Congress decides to bifurcate …
The Proposal To Split The Ninth Circuit, Carl W. Tobias
The Proposal To Split The Ninth Circuit, Carl W. Tobias
Law Faculty Publications
Individuals and organizations concerned about natural resources should be aware of the recent controversial proposal to divide the United States Court of Appeals for the Ninth Circuit. During the first session of the 104th Congress in the fall of 1995, the United States Senate Judiciary Committee approved Senate Bill 956, a measure that would establish a new Twelfth Circuit consisting of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington, and that would leave California, Hawaii, Guam, and the Northern Mariana Islands in the Ninth Circuit. The Judiciary Committee vote was important for two reasons: the circuit's division could substantially affect …
Congress Considers Bill To Split Ninth Circuit, Carl W. Tobias
Congress Considers Bill To Split Ninth Circuit, Carl W. Tobias
Law Faculty Publications
Late last year, the Senate Judiciary Committee approved a measure that would divide the U.S. Court of Appeals for the Ninth Circuit. The proposal, Senate Bill 956, would create a new Twelfth Circuit comprised of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington, leaving California, Hawaii, Guam, and the Northern Mariana Islands in the Ninth Circuit. The Judiciary Committee vote is significant because no bill to split the Ninth Circuit has ever received floor debate. The second session of the 104th Congress could well divide the court.