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Full-Text Articles in Law

Charles Alan Wright And The Fragmentation Of Federal Practice And Procedure, Carl W. Tobias Jan 2001

Charles Alan Wright And The Fragmentation Of Federal Practice And Procedure, Carl W. Tobias

Law Faculty Publications

Memorial tribute to Professor Charles Alan Wright.


Divisional Arrangement For The Federal Appeals Courts, Carl W. Tobias Jan 2001

Divisional Arrangement For The Federal Appeals Courts, Carl W. Tobias

Law Faculty Publications

The 106th Congress seriously considered proposed legislation that could profoundly affect the federal appellate courts, and the 107th Congress may well do so. The Commission on Structural Alternatives for the Federal Courts of Appeals, which performed a rather comprehensive, albeit incomplete, study of the tribunals, recommended this bill as the centerpiece of its report for Congress. The commissioners prescribed regionally-based adjudicative divisions for the United States Court of Appeals for the Ninth Circuit and for the remaining appellate courts when the courts increase in size, even as the commission decisively rejected the possibility of splitting the Ninth Circuit into multiple …


The Bush Administration And Appeals Courts Nominees, Carl W. Tobias Jan 2001

The Bush Administration And Appeals Courts Nominees, Carl W. Tobias

Law Faculty Publications

On May 9, President George H.W. Bush announced his first set of nominees for the United States Courts of Appeals. With a White House ceremony which chief executives traditionally reserve for United States Supreme Court designees, the president introduced eleven individuals whom he proposed for vacancies on the federal intermediate appellate courts. Submitting a package of appeals court nominees might seem to be a relatively mundane exercise. However, the developments that led to Bush's recommendations, the staging of this event, and the candidates tendered actually reveal much about contemporary judicial selection, which is a critical feature of constitutional governance. For …