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2007

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Saint Louis University School of Law

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Early Panel Announcement, Settlement And Adjudication, Samuel P. Jordan Jan 2007

Early Panel Announcement, Settlement And Adjudication, Samuel P. Jordan

All Faculty Scholarship

Federal appellate courts have significant discretion to set the internal policies that govern the appeals process, and they have used that discretion to institute policies designed to combat increasing caseloads. This Article takes a close look at one such policy: early announcement of panel composition in the D.C. Circuit Court of Appeals. In stark contrast to every other circuit, the D.C. Circuit announces panel composition to litigants in civil appeals well in advance of oral argument, and it does so at least in part to encourage settlement and control the court's workload. This Article concludes that although there are indications …