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Articles 1 - 2 of 2
Full-Text Articles in Law
Rules, Tricks And Emancipation, Jessie Allen
Rules, Tricks And Emancipation, Jessie Allen
Book Chapters
Rules and tricks are generally seen as different things. Rules produce order and control; tricks produce chaos. Rules help us predict how things will work out. Tricks are deceptive and transgressive, built to surprise us and confound our expectations in ways that can be entertaining or devastating. But rules can be tricky. General prohibitions and prescriptions generate surprising results in particular contexts. In some situations, a rule produces results that seem far from what the rule makers expected and antagonistic to the interests the rule is understood to promote. This contradictory aspect of rules is usually framed as a downside …
Maintaining Consistency In The Law Of The Large Circuit: The Origins And Operation Of The Ninth Circuit's Limited En Banc Court, Arthur D. Hellman
Maintaining Consistency In The Law Of The Large Circuit: The Origins And Operation Of The Ninth Circuit's Limited En Banc Court, Arthur D. Hellman
Book Chapters
Once again, Congress is considering legislation to divide the largest of the federal judicial circuits, the Ninth Circuit Court of Appeals. The Ninth Circuit extends over nine western states, including California, and it has 29 active judges, almost twice the number of the next-largest circuit. Much of the debate over proposals for restructuring focuses on a feature unique to the Ninth Circuit, the limited en banc court (LEBC). In all of the other circuits, when the court of appeals grants rehearing en banc, the case is heard by all active judges. In the Ninth Circuit, the en banc court is …