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Proposed Ninth Circuit Split. The Icebox Cometh: A Former Clerk's View Of The Proposed Ninth Circuit Split, Jennifer E. Spreng
Proposed Ninth Circuit Split. The Icebox Cometh: A Former Clerk's View Of The Proposed Ninth Circuit Split, Jennifer E. Spreng
Washington Law Review
Most academic commentators oppose splitting the Ninth Circuit Court of Appeals. They argue that the court's size is a virtue and either deny that the court has size-related problems, such as workload, consistency, and reversal rate, or claim that a split would not address these problems. The U.S. Congress, however, is less sure. It has appointed the Commission on Structural Alternatives for the United States Courts and asked it to study a possible Ninth Circuit split. This Article provides an "insider's view," that of a former elbow clerk, and reveals that a split would significantly decrease the court's workload and …
Proposed Ninth Circuit Split: Response. Malthus And The Court Of Appeals: Another Former Clerk Looks At The Proposed Ninth Circuit Split, Aaron H. Caplan
Proposed Ninth Circuit Split: Response. Malthus And The Court Of Appeals: Another Former Clerk Looks At The Proposed Ninth Circuit Split, Aaron H. Caplan
Washington Law Review
This Article argues that current proposals to split the Ninth Circuit are unnecessary and would be detrimental to judges, law clerks, lawyers, and litigants. Larger circuits offer various benefits, many of them arising from the diversity of cases and judicial personalities on the bench. Splitting the Ninth Circuit would not bring the benefits proponents predict.