The Federal Courts: Challenge and Reform, Revised Edition - Softcover

Posner, Richard A.

Softcover

ISBN 10: 0674296273 ISBN 13: 9780674296275

Publisher: Harvard University Press, 1999

Synopsis

The federal courts are the world's most powerful judiciary and a vital element of the American political system. In recent decades, these courts have experienced unprecedented growth in caseload and personnel. Many judges and lawyers believe that a "crisis in quantity" is imperiling the ability of the federal judiciary to perform its historic function of administering justice fairly and expeditiously. In a substantially revised edition of his widely acclaimed 1985 book The Federal Courts: Crisis and Reform, Chief Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit provides a comprehensive evaluation of the federal judiciary and a detailed program of judicial reform. Drawing on economic and political theory as well as on legal analysis and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises the concerns that have been expressed with the courts' performance, and presents a variety of proposals for both short-term and fundamental reform. In contrast to some of the direr prophecies of observers of the federal courts, Posner emphasizes the success of these courts in adapting to steep caseload growth with minimum sacrifice in quality.

Although the book ranges over a variety of traditional topics in federal jurisdiction, the focus is steady on federal judicial administration conceived of as an interdisciplinary approach emphasizing system rather than doctrine, statistics rather than impressions, and caseload rather than cases. Like the earlier edition, this book promises to be a landmark in the empirical study of judicial administration.

About this title

About the Author

Richard A. Posner retired as a judge of the United States Court of Appeals for the Seventh Circuit in 2017. He is a senior lecturer at the University of Chicago Law School.

From Library Journal

In a revised and substantially improved edition of his classic 1985 book, The Federal Courts: Crisis and Reform, Posner, chief judge of the U.S. Court of Appeals for the Seventh Circuit, provides an insightful and distinctive examination of the problems and challenges that have arisen from the unprecedented growth in caseload in federal courts. He shows that this growth has had many consequences for the structure and operation of the federal judiciary. Using an economic approach to litigation to assess the costs and benefits of reforming the federal judiciary, Posner raises critical objections to simple palliatives for judicial reform, such as specialized courts or limiting or abolishing diversity jurisdiction. Instead, he proposes fundamental reforms for the role of federal courts within our federal system. Posner's thoughtful analysis is highly recommended for academic and law libraries.?Steven Puro, St. Louis Univ.
Copyright 1997 Reed Business Information, Inc.

Edition details

• Publisher: Harvard University Press
• Publication date: 1999
• ISBN 10: 0674296273
• ISBN 13: 9780674296275
• Binding: Paperback
• Language: English
• Edition number: 2
• Number of pages: 430