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Full-Text Articles in Law

An Update On The Ninth Circuit Debate, Carl Tobias Oct 2001

An Update On The Ninth Circuit Debate, Carl Tobias

The Journal of Appellate Practice and Process

The Commission on Structural Alternatives for the Federal Courts of Appeals suggested in its final report a division of the Ninth Circuit. Congress presented many bills that would carry out the commission's suggestion. These events may have a significant effect on the future of the federal appellate courts.


The Federal Appeals Courts At Century's End, Carl W. Tobias Jan 2000

The Federal Appeals Courts At Century's End, Carl W. Tobias

Law Faculty Publications

The Commission on Structural Alternatives for the Federal Courts of Appeals submitted its report and suggestions to the United States Congress and the President in December 1998. The Commission spent ten months studying the "structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit," and two months developing "recommendations for such changes in circuit boundaries or structure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal Courts of Appeals, consistent with fundamental concepts of fairness and due process." The centerpiece of the Commission's proposal is the …


Appellate Study Panel Issues Final Report, Carl Tobias Jul 1999

Appellate Study Panel Issues Final Report, Carl Tobias

The Journal of Appellate Practice and Process

The Commission on Structural Alternatives for the Federal Courts of Appeals final report is summarized. The summary focuses on the feasibility of splitting the Ninth Circuit and alternatives to a circuit split.


The Federal Appellate Study At Midpoint, Carl W. Tobias Jul 1998

The Federal Appellate Study At Midpoint, Carl W. Tobias

Law Faculty Publications

No abstract provided.


Dear Justice White, Carl W. Tobias Jan 1998

Dear Justice White, Carl W. Tobias

Law Faculty Publications

Addressing Supreme Court of the United States Justice Justice Byron T. White, Chair of the Commission on Structural Alternatives for the Federal Courts of Appeals, Prof. Tobias offers advice on examining the problems confronting the courts and devising recommendations that address these problems within the Commission's statutory mandate.


Congress Authorizes Appellate Study Panel, Carl W. Tobias Nov 1997

Congress Authorizes Appellate Study Panel, Carl W. Tobias

Law Faculty Publications

In mid-November, the first session of the 105th Congress passed a measure authorizing a national commission to study the federal appeals courts. On November 26, President Clinton signed the legislation. The Commission on Structural Alternatives for the Federal Courts of Appeals has a historic opportunity to analyze carefully the federal appellate system and make valuable suggestions for improvement, thereby charting the destiny of the intermediate appeals courts for the 21st century.


House Authorizes Appellate Court Study Commission, Carl W. Tobias May 1997

House Authorizes Appellate Court Study Commission, Carl W. Tobias

Law Faculty Publications

No abstract provided.


Suggestions For Studying The Federal Appellate System, Carl W. Tobias Jan 1997

Suggestions For Studying The Federal Appellate System, Carl W. Tobias

Law Faculty Publications

The United States Congress recently authorized the appointment of a Commission on Structural Alternatives for the Federal Courts of Appeals. That entity has an historic opportunity to analyze carefully the federal appellate system and make valuable suggestions for improvement, thereby charting the destiny of the intermediate appeals courts for the twenty-first century. The creation of this new commission is important because now is a critical time for the appellate courts. All twelve regional circuits have experienced exponential docket growth but have possessed insufficient resources to treat the cases: this crisis of volume now seriously threatens the system.

This Article initially …


Studying The Federal Appellate System, Carl W. Tobias May 1996

Studying The Federal Appellate System, Carl W. Tobias

Law Faculty Publications

No abstract provided.