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The Federal Appeals Courts At Century's End, Carl W. Tobias
The Federal Appeals Courts At Century's End, Carl W. Tobias
Law Faculty Publications
The Commission on Structural Alternatives for the Federal Courts of Appeals submitted its report and suggestions to the United States Congress and the President in December 1998. The Commission spent ten months studying the "structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit," and two months developing "recommendations for such changes in circuit boundaries or structure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal Courts of Appeals, consistent with fundamental concepts of fairness and due process." The centerpiece of the Commission's proposal is the …
Filling The Federal Appellate Openings On The 9th Circuit, Carl W. Tobias
Filling The Federal Appellate Openings On The 9th Circuit, Carl W. Tobias
Law Faculty Publications
Throughout much of the 1990s, the United States Court of Appeals for the 9th Circuit has operated with fewer than the court's complete complement of 28 active judges. Since 1995, when Republican senators representing states of the Pacific Northwest instituted a serious campaign to divide the 9th Circuit, the court has essentially functioned absent one-fourth of its membership. The large number of openings and their protracted nature, as well as a steadily expanding docket, have demanded that the 9th Circuit depend on many appellate and district court judges who are not active members of the 9th Circuit when staffing three-judge …
Natural Resources And The White Commission Report, Carl W. Tobias
Natural Resources And The White Commission Report, Carl W. Tobias
Law Faculty Publications
Individuals and entities with concerns regarding environmental issues as well as those concerned about the federal judicial system have carefully followed the debate over the possible division of the United States Court of Appeals for the Ninth Circuit that has been raging since 1995. During the first session of the 105th Congress, the Senate approved an appropriations rider, which would have established a new Twelfth Circuit including Alaska, Arizona, Hawaii, Idaho, Montana, Oregon, Washington, Guam, and the Northern Mariana Islands, and would have left California and Nevada in the Ninth Circuit. That action was very important because neither house of …