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The Gilded Age and the Progressive Era: Restructuring

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0005
Subject:
Political Science, American Politics

This chapter considers the restructuring of the federal judiciary during the period of Republican dominance from the inauguration of Rutherford B. Hayes in 1877 to the inauguration of Woodrow Wilson ... More


The Second Circuit Court Of Appeals In the 1920S and 1930S: Hand as First Among Equals

Gerald Gunther

in Learned Hand: The Man and the Judge

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195377774
eISBN:
9780199869374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377774.003.0007
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter focuses on Learned Hand's years as Second Circuit Court of Appeals judge and his relationships with fellow judges. The distinctive role Hand played on the Second Circuit during his first ... More


The Chief Judgeship and World War II

Gerald Gunther

in Learned Hand: The Man and the Judge

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195377774
eISBN:
9780199869374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377774.003.0012
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter details Learned Hand's accession to chief judgeship after fifteen years as circuit court judge. He gained the position not as a reward for outstanding work, but automatically: the ... More


Commissions, Studies, Reports, and Proposals

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.003.0010
Subject:
Law, Constitutional and Administrative Law

The previous chapters have exposed the deterioration of the U.S. Circuit Courts of Appeals over the last forty years. During that same forty-year period, the courts have been the subject of extensive ... More


The Need for a Small Federal Judiciary: Reasons, Arguments, and Refutations

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.003.0012
Subject:
Law, Constitutional and Administrative Law

Chapter 11 showed that the judiciary, by a variety of means, has made a unilateral policy decision to restrict its numbers. To justify the choice, the judiciary has offered a wide array of extremely ... More


Injustice On Appeal: The United States Courts of Appeals in Crisis

William M. Richman and William L. Reynolds

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.001.0001
Subject:
Law, Constitutional and Administrative Law

The United States Circuit Courts of Appeals are among the most important governmental institutions in our society. However, because the Supreme Court can hear less than 150 cases per year, the ... More


The Postwar Years, the Cold War, and Mccarthyism

Gerald Gunther

in Learned Hand: The Man and the Judge

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195377774
eISBN:
9780199869374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377774.003.0014
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter focuses on Learned Hand's life and career during the postwar years. On January 27, 1947, Hand turned seventy-five. His good health and undiminished acuity gave him no reason to break his ... More


Promotion To The Second Circuit

Gerald Gunther

in Learned Hand: The Man and the Judge

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195377774
eISBN:
9780199869374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377774.003.0006
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter details Learned Hand's promotion to the Second Circuit Court of Appeals. By the spring of 1917, after only eight years on the bench, Hand was the most senior judge of his district. He ... More


Additional Decision Makers: Deciding by Bureaucracy

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.003.0008
Subject:
Law, Constitutional and Administrative Law

Circuit courts have dealt with their expanded caseload by increasing the number of decision makers. Although Congress and the judiciary have been unenthusiastic about efforts to expand the numbers of ... More


A Brief History of the Circuit Courts

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the history of the circuit courts of appeals. For the first hundred years, there was no separate set of intermediate courts of appeals, though Congress had experimented with ... More


The Life and Death of the No-Citation Rules

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter explores the establishment of the non-citation rules, their faults, their eventual demise, and the citation practice in the circuit courts today. The discussion covers the pros and cons ... More


Introduction

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.003.0016
Subject:
Law, Constitutional and Administrative Law

This introductory chapter sets out the book's focus, namely the deterioration of the U.S. Courts of Appeals. These courts decide over fifty thousand cases per year, out of which the Supreme Court ... More


The Premises of the Argument for Limited Publication

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines several premises of the limited publication regime. It begins by considering the law of the circuit doctrine because it determines what is at stake in the precedent/nonprecedent ... More


The Publication Plans

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

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 ... More


The Obvious Solution and the Judicial Opposition

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

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


Riding Circuit

Gerard N. Magliocca

in Washington's Heir: The Life of Justice Bushrod Washington

Published in print:
2022
Published Online:
April 2022
ISBN:
9780190947040
eISBN:
9780190947071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190947040.003.0009
Subject:
History, American History: early to 18th Century

Chapter 8 explores Washington’s role as a circuit judge holding trials and hearing appeals outside of the Supreme Court. In this era, Supreme Court justices spent most of their time on a lower ... More


Pleading for the Fifth

William P. Hustwit

in Integration Now: Alexander v. Holmes and the End of Jim Crow Education

Published in print:
2019
Published Online:
January 2020
ISBN:
9781469648552
eISBN:
9781469648576
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469648552.003.0005
Subject:
History, African-American History

Chapter four moves the narrative from Holmes County to the U.S. Fifth Circuit Court of Appeals. The chapter explains the legal shift from freedom of choice to outright school desegregation. ... More


Local Struggles and Diasporic Politics: The 1931 Court Cases of the Korean National Association of Hawaii

Richard S. Kim

in The Quest for Statehood: Korean Immigrant Nationalism and U.S. Sovereignty, 1905-1945

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195369991
eISBN:
9780199918263
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369991.003.0005
Subject:
History, American History: 20th Century, Asian History

With the collapse of the Korean Provisional Government and subsequent period of retrenchment, there was no longer a supreme authority to coordinate activities within the diaspora. Nevertheless, ... More


The Counter-Arguments

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter advances some counter-arguments against the limited publication regime. There are four such arguments. First, limited publication reduces judicial accountability; second, it lessens ... More


The Chambers

Tinsley E. Yarbrough

in Harry A. Blackmun: The Outsider Justice

Published in print:
2008
Published Online:
March 2012
ISBN:
9780195141238
eISBN:
9780199851577
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195141238.003.0005
Subject:
Law, Legal History

Harry Blackmun was perceived as having a difficult time adjusting to his new position on the nation's highest tribunal, and to other major changes he was undergoing at that time, because of several ... More


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