Law Commons^™

Congress Authorizes Appellate Study Panel, Carl W. Tobias

Law Faculty Publications

In mid-November, the first session of the 105th Congress passed a measure authorizing a national commission to study the federal appeals courts. On November 26, President Clinton signed the legislation. The Commission on Structural Alternatives for the Federal Courts of Appeals has a historic opportunity to analyze carefully the federal appellate system and make valuable suggestions for improvement, thereby charting the destiny of the intermediate appeals courts for the 21st century.

House Authorizes Appellate Court Study Commission, Carl W. Tobias

Law Faculty Publications

No abstract provided.

Contemplating The End Of Federal Civil Justice Reform In Montana, Carl W. Tobias

Law Faculty Publications

In continuation of the series of essays analyzing and documenting federal civil justice reform, this essay first provides an update on developments in civil justice reform nationally and in the United States District Court of Montana (Montana District). The essay then stresses the continuing work of the Ninth Circuit District Local Rules Review Committee and additional issues relating to case assignments in the Montana District. Finally, the essay takes a glimpse into the future.

Some Realism About Federal Procedural Reform, Carl W. Tobias

Law Faculty Publications

A New Confederacy? Disunionism in the Federal Courts is a thought-provoking tour de force about many ills that federal court observers believe plague the modem federal district courts. In Disunionism, Professor Paul Carrington paints a perceptive portrait of the troubling conditions that he asserts impede civil litigation in a number of districts, and he trenchantly criticizes district judges for their contributions to these circumstances while admonishing the Judicial Conference to sweep "our national courts clear of all local clutter."

Some Cautions About Structural Overhaul Of The Federal Courts, Carl W. Tobias

Law Faculty Publications

Once a Century: Time for a Structural Overhaul of the Federal Courts substantially improves understanding of the federal judicial system. Professor Martha Dragich first clearly describes the phenomena which she attributes to unprecedented increases in the number of appeals since the 1960s. The writer asserts that this "crisis of volume" has compromised "appellate justice" and made federal case law less "coherent." Because Professor Dragich finds that appeals courts' dual responsibilities to correct error in specific cases and to declare the law have also decreased justice and coherence, she proposes the creation of District Court Appellate Panels for correcting error and …

Why Congress Should Not Split The Ninth Circuit, Carl W. Tobias

Law Faculty Publications

During the first session of the 104th Congress, the United States Senate Judiciary Committee approved Senate Bill 956, a proposal to split the United States Court of Appeals for the Ninth Circuit. The measure would have established a new Twelfth Circuit consisting of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington and would have left California, Hawaii, Guam, and the Northern Mariana Islands in the Ninth Circuit. This vote may appear insignificant; however, it could actually have had enormous consequences.

Congress has divided appeals courts only twice since creating the modem appellate system in 1891. Neither House of Congress had …

Choosing Federal Judges In The Second Clinton Administration, Carl W. Tobias

Law Faculty Publications

One of the critical responsibilities that the Constitution entrusts to the President of the United States is the appointment of federal judges. The Chief Executive nominates, and with the advice and consent of the Senate, appoints these officials who enjoy lifetime tenure and must resolve disputes implicating the basic freedoms of America's citizens. President Clinton's careful discharge of this crucial duty may well have yielded the foremost success of his first term in office. When then-Governor Clinton campaigned for the presidency in 1992, he promised to name intelligent judges who possess balanced judicial temperament and evince a commitment to protecting …

The Judicial Vacancy Conundrum In The Ninth Circuit, Carl W. Tobias

Law Faculty Publications

The United States Court of Appeals for the Ninth Circuit must resolve the largest and most complicated caseload of the twelve regional appellate courts. Congress has authorized twenty-eight active judges for the circuit, while the Judicial Conference of the United States has recommended that Congress approve nine additional judgeships for the court. The Ninth Circuit currently has seven vacancies, four of which are considered "judicial emergencies" because the openings have remained unfilled for eighteen months, even as the size and complexity of the court's civil and criminal dockets continue to increase. President Bill Clinton submitted the names of nominees for …

Suggestions For Studying The Federal Appellate System, Carl W. Tobias

Law Faculty Publications

The United States Congress recently authorized the appointment of a Commission on Structural Alternatives for the Federal Courts of Appeals. That entity has an historic opportunity to analyze carefully the federal appellate system and make valuable suggestions for improvement, thereby charting the destiny of the intermediate appeals courts for the twenty-first century. The creation of this new commission is important because now is a critical time for the appellate courts. All twelve regional circuits have experienced exponential docket growth but have possessed insufficient resources to treat the cases: this crisis of volume now seriously threatens the system.

This Article initially …

Dear President Clinton, Carl W. Tobias

Law Faculty Publications

Professor Tobias offers advice on judicial selection philosophy for the newly reelected President Bill Clinton.

Magistrate Judges In The Montana Federal District, Carl W. Tobias

Law Faculty Publications

Over the last three decades, growing caseloads and finite resources have fostered expansion of the jurisdiction, responsibilities, prestige and compensation of United States Magistrate Judges. Passage of the Civil Justice Reform Act (CJRA) of 1990, which required local experimentation with procedures for reducing expense and delay in civil litigation, propelled this development in many of the ninety-four federal districts across the country. The United States District Court for the District of Montana has quite strongly evidenced these phenomena. Perhaps most important, the CJRA expense and delay reduction plan that the district prescribed in 1991 included an opt-out procedure which it …