William M. Richman and William L. Reynolds
- Published in print:
- 2012
- Published Online:
- May 2013
- ISBN:
- 9780195342079
- eISBN:
- 9780199332397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195342079.003.0011
- Subject:
- Law, Constitutional and Administrative Law
The U.S. Circuit Courts of Appeals have responded to the caseload flood with the system of Appellate Triage, a series of appellate process truncating devices. These devices, used to dispose of the ...
More
The U.S. Circuit Courts of Appeals have responded to the caseload flood with the system of Appellate Triage, a series of appellate process truncating devices. These devices, used to dispose of the less interesting portion of the circuit courts' caseloads, have helped the courts keep current with their dockets, but at a significant cost. This chapter discusses the judicial establishment's opposition to the single most obvious solution to the caseload glut—the creation of additional judgeships.Less
The U.S. Circuit Courts of Appeals have responded to the caseload flood with the system of Appellate Triage, a series of appellate process truncating devices. These devices, used to dispose of the less interesting portion of the circuit courts' caseloads, have helped the courts keep current with their dockets, but at a significant cost. This chapter discusses the judicial establishment's opposition to the single most obvious solution to the caseload glut—the creation of additional judgeships.
William M. Richman and William L. Reynolds
- Published in print:
- 2012
- Published Online:
- May 2013
- ISBN:
- 9780195342079
- eISBN:
- 9780199332397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195342079.003.0002
- Subject:
- Law, Constitutional and Administrative Law
One of the most important strategies of the Appellate Triage regime is limiting the publication of circuit court opinions. This chapter examines the steps leading to the adoption of that strategy and ...
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One of the most important strategies of the Appellate Triage regime is limiting the publication of circuit court opinions. This chapter examines the steps leading to the adoption of that strategy and the effects of limited publication on the courts, the bar, and the litigants. It concludes with a look at the publication rates in the courts of appeals as well as the contents of their Publication Plans today.Less
One of the most important strategies of the Appellate Triage regime is limiting the publication of circuit court opinions. This chapter examines the steps leading to the adoption of that strategy and the effects of limited publication on the courts, the bar, and the litigants. It concludes with a look at the publication rates in the courts of appeals as well as the contents of their Publication Plans today.
William M. Richman and William L. Reynolds
- Published in print:
- 2012
- Published Online:
- May 2013
- ISBN:
- 9780195342079
- eISBN:
- 9780199332397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195342079.003.0007
- Subject:
- Law, Constitutional and Administrative Law
This chapter considers why there is oral argument and what is lost if it is curtailed. Oral argument has at least four benefits. First, it helps the courts reach a more thoroughly informed and ...
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This chapter considers why there is oral argument and what is lost if it is curtailed. Oral argument has at least four benefits. First, it helps the courts reach a more thoroughly informed and considered decision. Second, oral argument helps to legitimize the result and its justification. Third, it permits the parties to show their belief in their cases. And fourth, oral argument helps the court explain its decisions. Each of those benefits is examined in the context of the Appellate Triage regime.Less
This chapter considers why there is oral argument and what is lost if it is curtailed. Oral argument has at least four benefits. First, it helps the courts reach a more thoroughly informed and considered decision. Second, oral argument helps to legitimize the result and its justification. Third, it permits the parties to show their belief in their cases. And fourth, oral argument helps the court explain its decisions. Each of those benefits is examined in the context of the Appellate Triage regime.
Charlotte Heath-Kelly
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9781784993139
- eISBN:
- 9781526120991
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993139.003.0003
- Subject:
- Society and Culture, Ethical Issues and Debates
Interpreting security as the effacement of mortality enables us to dramatically broaden the scope of research to include non-anticipatory temporalities of security. In this chapter, present-tense ...
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Interpreting security as the effacement of mortality enables us to dramatically broaden the scope of research to include non-anticipatory temporalities of security. In this chapter, present-tense emergency management is exposed as a technique of mortality effacement. States efface the trauma of mortality and re-establish security by performing the rituals of emergency management: erecting cordons, organising the triage of bodies, and reconciling bodies with their previous living identities (‘disaster victim identification’). Disaster response is a reconstitutive performance of security and sovereignty against the incursion of death and trauma.Less
Interpreting security as the effacement of mortality enables us to dramatically broaden the scope of research to include non-anticipatory temporalities of security. In this chapter, present-tense emergency management is exposed as a technique of mortality effacement. States efface the trauma of mortality and re-establish security by performing the rituals of emergency management: erecting cordons, organising the triage of bodies, and reconciling bodies with their previous living identities (‘disaster victim identification’). Disaster response is a reconstitutive performance of security and sovereignty against the incursion of death and trauma.
