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Full-Text Articles in Law
Dear Judge Mikva, Carl W. Tobias
Dear Judge Mikva, Carl W. Tobias
Law Faculty Publications
I am writing to urge that you apply in the executive branch the considerable expertise which you attained and honed over a lifetime of service in the legislative and judicial branches of our tripartite system of government, to the critical task of federal judicial selection that uniquely partakes of those coordinate branches.
Improving The 1988 And 1990 Judicial Improvements Acts, Carl W. Tobias
Improving The 1988 And 1990 Judicial Improvements Acts, Carl W. Tobias
Law Faculty Publications
In this article, Professor Tobias analyzes and attempts to harmonize the conflicting frameworks for civil procedure reform embodied in the Civil Justice Reform Act of 1990 (CJRA) and its immediate predecessor, the Judicial Improvements and Access to Justice Act of 1988 (JIA). Congress intended the JIA to open the national and local rulemaking processes to public scrutiny and to decrease the use of local rules. Yet Professor Tobias finds the 1990 Act at odds with the earlier measure in several ways. By encouraging local experiments aimed at reducing litigation costs and delay, he argues, the CJRA shifted the locus of …