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Liberalism Triumphant? Ideology And The En Banc Process In The Ninth Circuit Court Of Appeals, Arthur D. Hellman

Articles

There are two things that everyone knows about the Ninth Circuit Court of Appeals: it is very large, and it is very liberal. But common knowledge is sometimes wrong. Is that the case here?

About the first point – the Ninth Circuit’s size – there can be no dispute. The Ninth Circuit Court of Appeals has 29 authorized judgeships, almost twice as many as the second-largest court. But what about the second point – the liberalism? Knowledgeable commentators, including Professor (now Dean) Erwin Chemerinsky, have disputed the characterization, calling it a “myth.”

Until now, no one has empirically tested whether …

How Circuits Can Fix Their Splits, Wyatt G. Sassman

Marquette Law Review

The desire to avoid conflicts between the regional circuits of the federal courts of appeals, commonly known as “circuit splits,” has had an immense influence on the structure and operation of the federal appellate courts for roughly a century. Over time, the Supreme Court has been assigned responsibility for resolving these conflicts. Yet as overall federal caseloads have increased, this reliance on the Supreme Court has imposed serious and well-recognized burdens on the operation of the federal courts. For decades scholars have debated bold proposals to address these problems, such as creating a new national court dedicated to resolving conflicts …

Finality And Judicial Review Under The Immigration And Nationality Act: A Jurisprudential Review And Proposal For Reform, Jesi J. Carlson, Patrick J. Glen, Kohsei Ugumori

University of Michigan Journal of Law Reform

Under the Immigration and Nationality Act (INA), aliens may petition for judicial review of an adverse decision of the Board of Immigration Appeals (Board) as long as that decision constitutes a “final order of removal.” Usually it is not difficult to ascertain when an alien should file her petition: the thirty-day statutory filing deadline begins to run when the Board issues a decision that affirms the immigration judge’s removal order in its entirety. In some cases, however, an alien seeks multiple forms of relief from removal in a single proceeding. When that occurs, some forms of relief might be granted, …

Wishing Petitioners To Death: Factual Misrepresentations In Fourth Circuit Capital Cases, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Federal Courts Of Appeals: Radical Surgery Or Conservative Care, Quentin N. Burdick

Kentucky Law Journal

No abstract provided.

Prohibition-Against Enforcement Of Order To Produce Documents-Availability Of Other Appellate Relief

Michigan Law Review

Application was made to the circuit court of appeals for a writ of prohibition against a district judge to restrain him from compelling petitioner to allow an inspection of his ledger. Held, that although in the opinion of the court the order had been entered improperly, the circuit court of appeals had no jurisdiction to issue a writ of prohibition against enforcement of the order. Keaton v. Kennamer (C. C. A. 10th, 1930) 42 F.(2d) 814.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.