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Articles 1 - 5 of 5
Full-Text Articles in Law
The New United States Claims Court, Philip R. Miller
The New United States Claims Court, Philip R. Miller
Cleveland State Law Review
Effective October 1, 1982, after a life span of approximately 117 years, the existence of the United States Court of Claims was terminated by the Federal Courts Improvement Act of 1982. This article discusses the new Claims Court, starting with a discussion of its jurisdiction in Section II. Section III then elaborates on the procedure of the claims court, including: assignment of cases, place of trial, rules of evidence, pre-trial procedures, discovery, trial, oral argument, and post-trial procedure. Then Section IV explains the appeals process for cases decided in the Claims Court, and Section V finishes with a discussion of …
The Phoenix Court, Howard T. Markey
The Phoenix Court, Howard T. Markey
Cleveland State Law Review
Like the famed Phoenix, the United States Court of Appeals for the Federal Circuit rose on October 1, 1982, from the ashes of two former courts. On that day, the 127 year old United States Court of Claims and the 73 year old United States Court of Customs and Patent Appeals went out of existence, leaving a history of outstanding contributions to the administration of justice. Though every federal court serves the role on numerous occasions, the Court of Appeals for the Federal Circuit should in a special way earn the title of "The Conscience of the Government." This article …
Contract Formation Jurisdiction Of The United States Claims Court, Joel R. Feidelman, Josephine L. Ursini
Contract Formation Jurisdiction Of The United States Claims Court, Joel R. Feidelman, Josephine L. Ursini
Cleveland State Law Review
This new United States Court of Appeals for the Federal Circuit has jurisdiction over appeals in contract and patent infringement cases. The former Court of Claims' trial division has also been replaced with a new United States Claims Court. This court, inter alia, has been invested with the jurisdiction to conduct trials in contract and patent cases. Of particular interest to the government contracting community, is the provision of the Act regarding the contract formation or pre-award jurisdiction of the new Claims Court. The Claims Court has the potential to provide the most effective forum for the resolution of protests …
Local Rules And Procedures Of The United States Court Of Appeals For The Federal Circuit, George E. Hutchinson, Ernest C. Baynard Iii
Local Rules And Procedures Of The United States Court Of Appeals For The Federal Circuit, George E. Hutchinson, Ernest C. Baynard Iii
Cleveland State Law Review
The Federal Courts Improvement Act of 1982 abolished the United States Court of Claims and the United States Court of Customs and Patent Appeals and created the United States Court of Appeals for the Federal Circuit (CAFC) and the United States Claims Court. The Act provided for an advisory committee to be appointed by the CAFC in order to study the proposed rules of practice and internal operating procedures of the court. The recommendations of the advisory committee were given considerable weight when the court promulgated the Rules of the United States Court of Appeals for the Federal Circuit (CAFC …
Is The United States Claims Court Constitutional?, Joan E. Baker
Is The United States Claims Court Constitutional?, Joan E. Baker
Cleveland State Law Review
This article will deal with two major constitutional problems that have resulted from the creation of the Claims Court. The first issue is the constitutionality of the appointment of existing Court of Claims Commissioners to be judges on the Claims Court during a four-year "transition" period. By legislatively designating the persons who are to serve as judges on the new court, Congress has usurped the presidential appointment power. The second issue relates to the constitutional status of the Claims Court. The Court of Claims which it replaces was created under article III of the Constitution, and the judges on it …