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图书目录:Preface
The Institution 1 The Organization of the Federal Courts The basic structure. The judges. The state courts compared. 2 The Jurisdiction of the Federal Courts II The Challenge 3 The Growth of the Caseload Caseload... versus workload. Caseload and workload in the Supreme Court. The Chicken Little question. 4 Why the Caseload Has Grown So Models of caseload growth. The district courts. The courts of appeals. The Supreme Court. 5 Consequences: The System Expands ... More judges, working harder. The rise of the law clerk. 6 ... And Is Streamlined Curtailment of oral argument. Nonpublication of opinions. The standard of review, the trend toward "ruledness," summariness. Sanctions. III Incremental Reform 7 Palliatives Upping the ante. Limiting or abolishing diversity .jUrisdiction. Better management. Alternative dispute resolution. The reform of the bar. 8 Specialized Courts Specialized Article III courts. Rethinking administrative review. IV Fundamental Reform 9 The Role of Federal Courts in a Federal System The optimal scope of federal jurisdiction. Specific caseload implications. 10 Federal Judicial Self-Restraint Principled adjudication. The meaning and consequences of judicial activism and self-restraint. The restraint ratchet and other extensions. 11 The Federal Judicial Craft District judges. The institutional responsibilities of federal appellate judges. Rule versus standard again. Stare decisis. Appendix: Supplementary Tables Index |