The Mechanics of Federal Appeals: Uniformity and Case Management in the Circuit Courts
Marin K. Levy
Duke University - School of Law
August 1, 2011
Duke Law Journal, Vol. 61, p. 315, 2011
Case-management practices of appellate courts define the judicial review of appeals. The circuit courts constantly make decisions about which cases will receive oral argument, which will have dispositions written by staff attorneys in lieu of judges, and which will result in unpublished opinions - decisions that exert a powerful influence on the quality of justice that can be obtained from the federal appellate courts. Despite their importance, there has been no in-depth review of the case-management practices of the different circuit courts in the academic literature.
This Article begins to fill that void. It first documents and analyzes the practices of five circuit courts using qualitative research from a series of interviews of appellate judges, clerks of court, court mediators, and staff attorneys. This thorough account of case management reveals the great extent to which these practices vary across circuits. The Article considers reasons for the variation and asks whether such a lack of uniformity is problematic in a federal system. The Article concludes that disuniformity in case management is more defensible than in substantive and procedural law, but that current practices can and should be improved through increased transparency and information sharing between the circuits.
Number of Pages in PDF File: 77
Keywords: courts, appeals, judges, case managementAccepted Paper Series
Date posted: August 2, 2011 ; Last revised: November 4, 2011
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