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Full-Text Articles in Law
Post-Crisis Reconsideration Of Federal Court Reform , David R. Cleveland
Post-Crisis Reconsideration Of Federal Court Reform , David R. Cleveland
Cleveland State Law Review
While the language of crisis has diminished, the caseload volume problem continues to bedevil the federal appellate courts, and the altered process adopted describe, there are just too many cases to handle with current resources using the time-honored appellate process; there is no simple solution. The path of least resistance—sacrificing appellate standards—has proven workable and effective, and the more significant steps such as reducing appeals or increasing judicial resources have gone unadopted. Various studies and proposals of the federal court system have suggested other methods that could be used to address the problem, and these methods should be seriously considered …
Stare Decisis In The Inferior Courts Of The United States, Joseph Mead
Stare Decisis In The Inferior Courts Of The United States, Joseph Mead
Law Faculty Articles and Essays
While circuit courts are bound to fallow circuit precedent under "law of the circuit" the practice among federal district courts is more varied and uncertain, routinely involving little or no deference to their own precedent. I argue that the different hierarchical levels and institutional characteristics do not account for the differences in practices between circuit and district courts. Rather, district courts can and should adopt a "law of the district" similar to that of circuit courts. Through this narrow proposal, I explore the historical stare decisis practices in federal courts that are not Supreme.