Year: 2025
Type: article
Abstract: New federal appeals have fallen by forty percent over the last three decades. And yet the case management procedures—reduced oral argument, unpublished decisions, case-screening, and staff attorneys—adopted to help courts tackle rising caseloads have remained. And these case management adaptations appear as durable as ever. The “stickiness” of these adaptations suggest that efficient resolution of disputes is the sine qua non of modern appellate practice. Equally sticky are some longstanding disparities in the extent to which different federal appellate courts rely on these efficiencies, raising new questions about the extent to which the federal appellate courts share core adjudicatory values.
Author: Merritt E. McAlister
Institution: University of Florida
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410141343