Abstract

http://ssrn.com/abstract=1955546
 


 



The Need for a New National Court


Douglas D. McFarland


Hamline University - School of Law

Thomas E. Baker


Florida International University (FIU) - College of Law

1987

Harvard Law Review, Vol. 100, p. 1400, 1987

Abstract:     
By any measure, the Supreme Court is tremendously overburdened with too many cases. Recently, some observers have suggested that this overwhelming workload can be alleviated by the creation of a new Intercircuit Panel, which would hear cases on reference from the Supreme Court. Such a court would hear cases primarily involving conflicts of federal law among the court of appeals. This commentary does not focus on the form of the proposed new court. Rather, it broadly considers two current problems with the federal court system: the unreasonably heavy workload burden on the Supreme Court and the inadequate capacity for achieving a satisfactory measure of uniformity in our national law. It then considers possible alternatives to an Intercircuit Panel, arguing that they are inadequate to solve these two problems.

Number of Pages in PDF File: 17

Keywords: National Court, Supreme Court, Intercircuit Panel, workload, circuit conflicts

Accepted Paper Series


Download This Paper

Date posted: November 19, 2011  

Suggested Citation

McFarland, Douglas D. and Baker, Thomas E., The Need for a New National Court (1987). Harvard Law Review, Vol. 100, p. 1400, 1987. Available at SSRN: http://ssrn.com/abstract=1955546

Contact Information

Douglas D. McFarland (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
Thomas Eugene Baker
Florida International University (FIU) - College of Law ( email )
University Park, GL 495
Miami, FL 33199
United States
305-348-8342 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 77
Downloads: 5

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.484 seconds