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Jurisprudence Commons

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Full-Text Articles in Jurisprudence

The Changing Course: The Use Of Precedent In The District Of Columbia Circuit, Patricia M. Wald Jan 1986

The Changing Course: The Use Of Precedent In The District Of Columbia Circuit, Patricia M. Wald

Cleveland State Law Review

An article by my colleague Judge Edwards uses a series of computer runs from the court's 1983 term to make out a statistical case that our members mostly agree with each other and do not fall into predictable "conservative," “liberal," or even "moderate," voting blocs; labels that the press so dearly loves to pin on us. I agree that our votes in a large number of cases, particularly administrative law cases, do not so easily typecast us. I do, however, think that in the high visibility cases, involving controversial social or "moral" issues, our differences in judicial philosophy, on ...


Mini In Banc Proceedings: A Survey Of Circuit Practices, Steven Bennett, Christine Pembroke Jan 1986

Mini In Banc Proceedings: A Survey Of Circuit Practices, Steven Bennett, Christine Pembroke

Cleveland State Law Review

In banc review was originally intended to resolve conflicts in circuit precedent. Full-scale in banc proceedings, however, are cumbersome, costly and time-consuming. In determining whether to proceed with in banc review, courts appear to weigh the costs of in banc review against its potential benefits. Employing this calculus, courts often forgo in banc review in conflict cases that would otherwise receive such treatment. One solution to this problem is to reduce the cost and delay of in banc proceedings by streamlining the procedure. Recently, several federal circuit courts of appeals have adopted abbreviated forms of in banc review. The purpose ...