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Law Faculty Publications

1997

Circuit courts of appeals

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Some Cautions About Structural Overhaul Of The Federal Courts, Carl W. Tobias Jan 1997

Some Cautions About Structural Overhaul Of The Federal Courts, Carl W. Tobias

Law Faculty Publications

Once a Century: Time for a Structural Overhaul of the Federal Courts substantially improves understanding of the federal judicial system. Professor Martha Dragich first clearly describes the phenomena which she attributes to unprecedented increases in the number of appeals since the 1960s. The writer asserts that this "crisis of volume" has compromised "appellate justice" and made federal case law less "coherent." Because Professor Dragich finds that appeals courts' dual responsibilities to correct error in specific cases and to declare the law have also decreased justice and coherence, she proposes the creation of District Court Appellate Panels for correcting error and …