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Back To The Drawing Board: Reexamining Accepted Criteria For Regional Structure Of The Courts Of Appeals, Martha Dragich
Back To The Drawing Board: Reexamining Accepted Criteria For Regional Structure Of The Courts Of Appeals, Martha Dragich
Faculty Publications
This article aims to determine which of the accepted structural features of the courts of appeals are essential by demonstrating that the federal courts are designed to assure the supremacy and uniformity of federal law, and that regional organization was intended to foster, not to negate, uniformity.
Uniformity, Inferiority, And The Law Of The Circuit Doctrine, Martha Dragich
Uniformity, Inferiority, And The Law Of The Circuit Doctrine, Martha Dragich
Faculty Publications
This Article considers whether Congress or the Supreme Court could reverse the law of the circuit doctrine. Part I explores the importance of uniformity in federal law. Part II considers the extent to which a desire for uniformity has shaped the structure of the federal court system. Part III considers how the evolution of the courts of appeals as independent regional adjudicatory bodies affects the uniformity objective. Part IV examines the attributes of superior and inferior courts, and applies these criteria to the current courts of appeals. Part V examines the tension between uniformity and inferiority as determinants of the …