The U.S. Courts of Appeals were once admired for their wealth of judicial attention and for their generosity in distributing it. At least by legend, almost all cases were afforded what William Richman and William Reynolds have termed the “Learned Hand Treatment.” Guided by Judge Learned Hand’s commandment that “[t]hou shalt not ration justice,” a panel of three judges would read the briefs, hear oral argument, deliberate at length, and prepare multiple drafts of an opinion. Once finished, the judges would publish their opinion, binding themselves and their colleagues in accordance with the common-law tradition. The final opinion would be circulated to and read by every judge in the circuit, providing nonpanel judges with an opportunity to p...
This Article investigates the hypothesis that the most important and, often, controversial and divis...
An article by my colleague Judge Edwards uses a series of computer runs from the court\u27s 1983 ter...
The U.S. Courts of Appeals do not behave as one; they have developed circuit-specific practices that...
Federal appellate judges no longer have the time to hear argument and draft opinions in all of their...
As the number of cases filed each year has surged, U.S. federal appellate courts have evolved in ord...
In law, we commonly presume that judges reach decisions based on legal materials, such as precedents...
Despite the fact that Article III judges hold particular seats on particular courts, the federal sys...
Federal appellate courts have significant discretion to set the internal policies that govern the ap...
Over the last half-century, the federal courts have faced down two competing crises: an increase in ...
This article considers systematically whether the Supreme Court is more likely to review an en banc ...
To have an informed discussion about judicial performance and efficiency, we will sometimes want to ...
Over the past forty years, we have vastly increased our information about courts. New methods of rec...
The conversation about Supreme Court reform—as important as it is—has obscured another, equally impo...
Here, we take advantage of a unique characteristic of the procedures of the U.S. courts of appeals—t...
Nearly 90 percent of the work of the federal courts of appeals looks nothing like the opinions law s...
This Article investigates the hypothesis that the most important and, often, controversial and divis...
An article by my colleague Judge Edwards uses a series of computer runs from the court\u27s 1983 ter...
The U.S. Courts of Appeals do not behave as one; they have developed circuit-specific practices that...
Federal appellate judges no longer have the time to hear argument and draft opinions in all of their...
As the number of cases filed each year has surged, U.S. federal appellate courts have evolved in ord...
In law, we commonly presume that judges reach decisions based on legal materials, such as precedents...
Despite the fact that Article III judges hold particular seats on particular courts, the federal sys...
Federal appellate courts have significant discretion to set the internal policies that govern the ap...
Over the last half-century, the federal courts have faced down two competing crises: an increase in ...
This article considers systematically whether the Supreme Court is more likely to review an en banc ...
To have an informed discussion about judicial performance and efficiency, we will sometimes want to ...
Over the past forty years, we have vastly increased our information about courts. New methods of rec...
The conversation about Supreme Court reform—as important as it is—has obscured another, equally impo...
Here, we take advantage of a unique characteristic of the procedures of the U.S. courts of appeals—t...
Nearly 90 percent of the work of the federal courts of appeals looks nothing like the opinions law s...
This Article investigates the hypothesis that the most important and, often, controversial and divis...
An article by my colleague Judge Edwards uses a series of computer runs from the court\u27s 1983 ter...
The U.S. Courts of Appeals do not behave as one; they have developed circuit-specific practices that...