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Full-Text Articles in Law
Judicial Management Inside The Courts, Marin K. Levy
Judicial Management Inside The Courts, Marin K. Levy
Faculty Scholarship
No abstract provided.
The Promise Of Senior Judges, Marin K. Levy
The Promise Of Senior Judges, Marin K. Levy
Faculty Scholarship
Judges, lawmakers, and scholars have long debated whether the federal courts of appeals are understaffed and, if so, how Congress should go about redressing that fact. Even though there is currently a strong argument that some new judgeships should be created, such a path presents logistical complications. If a significant number of seats are added to the appellate bench, circuits may eventually become too large to function well. And if a significant number of circuits are ultimately split, the total number of federal appellate courts may become too large for the judiciary as a whole to function well. Furthermore, there …
Visiting Judges, Marin K. Levy
Visiting Judges, Marin K. Levy
Faculty Scholarship
Despite the fact that Article III judges hold particular seats on particular courts, the federal system rests on judicial interchangeability. Hundreds of judges “visit” other courts each year and collectively help decide thousands of appeals. Anyone from a retired Supreme Court Justice to a judge from the U.S. Court of International Trade to a district judge from out of circuit may come and hear cases on a given court of appeals. Although much has been written about the structure of the federal courts and the nature of Article III judgeships, little attention has been paid to the phenomenon of “sitting …
The Management Of Staff By Federal Court Of Appeals Judges, Mitu Gulati, Richard A. Posner
The Management Of Staff By Federal Court Of Appeals Judges, Mitu Gulati, Richard A. Posner
Faculty Scholarship
Federal court of appeals judges have staffs consisting usually of a secretary and four law clerks; some judges have externs as well (law students working part time without pay). These staffs are essential, given judicial workloads and judges’ limitations. Yet not much is known about how the judges manage their staffs. Each judge knows, of course, but judges rarely exchange information about staff management. Nor is there, to our knowledge, a literature that attempts to compare and evaluate the varieties of staff management techniques employed by federal court of appeals judges. This Essay aims to fill that gap. It is …