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Full-Text Articles in Law
The U.S. Sentencing Guidelines: A Surprising Success?, James Gibson
The U.S. Sentencing Guidelines: A Surprising Success?, James Gibson
Law Faculty Publications
The author discusses whether the U.S. Sentencing Guidelines represent an advance in our nation's approach to criminal law or a step backward-a "dismal failure," as Judge Cabranes so bluntly asserted a few years ago. The authors goal is to convince you that the guidelines are in fact a surprising success, indeed that they represent a step forward in federal criminal justice.
Leaving A Legacy On The Federal Courts, Carl W. Tobias
Leaving A Legacy On The Federal Courts, Carl W. Tobias
Law Faculty Publications
During the 1992 campaign for the presidency, then Governor Bill Clinton promised to appoint judges who would increase balance on the federal courts, would be intelligent, would possess appropriate judicial temperament, and would be committed to enforcing fundamental constitutional rights. The record compiled during the first Clinton Administration demonstrates that the Chief Executive fulfilled his campaign pledges by choosing judges who more closely reflected American society and who were well qualified. President Clinton named an unprecedented number and percentage of highly competent women and minorities to the federal courts; however, in the second two years of his first term in …
A Split By Any Other Name ..., Carl W. Tobias, Proctor Hug Jr.
A Split By Any Other Name ..., Carl W. Tobias, Proctor Hug Jr.
Law Faculty Publications
We applaud the contribution that the Commission on Structural Alternatives for the Federal Courts of Appeals (White Commission) has made to the public debate regarding how the federal courts of appeals can cope with the demands of ever increasing caseloads and no new judicial resources. The White Commission has conscientiously discharged its challenging assignment in the very brief period which Congress allotted. We believe, however, that a careful review of the Commission's research reveals no significant evidence of dysfunction in any court of appeals, and certainly none sufficiently severe to warrant its ultimate recommendation to restructure the Ninth Circuit Court …
Modern Federal Judicial Selection, Carl W. Tobias
Modern Federal Judicial Selection, Carl W. Tobias
Law Faculty Publications
Review of Sheldon Goldman, Picking Federal Judges: Lower Court Selection From Roosevelt Through Reagan (1997).
A Federal Appellate System For The Twenty-First Century, Carl W. Tobias
A Federal Appellate System For The Twenty-First Century, Carl W. Tobias
Law Faculty Publications
In December 1998, the Commission on Structural Alternatives for the Federal Courts of Appeals issued a report and recommendations for Congress and the President. The commission resulted from ongoing controversy over splitting the U.S. Court of Appeals for the Ninth Circuit The commissioners clearly suggested that the circuit remain intact but proposed three regionally based adjudicative divisions for the appeals court. However, the commission did not adduce persuasive empirical evidence that the Ninth Circuit experiences difficulties that are sufficiently problematic to warrant treatment, particularly with the essentially untested divisional arrangement Accordingly, the Ninth Circuit should continue to experiment with promising …