Abstract
After years of controversial debate over the wisdom of splitting the United States Court of Appeals for the Ninth Circuit, Congress authorized the Commission on Structural Alternatives for the Federal Courts of Appeals to study the Ninth Circuit and the appellate system. The commission analyzed the courts and recommended that Congress require adjudicative divisions for the Ninth Circuit and prescribe them for the remaining appeals courts when they increase in size. The commission carefully assessed the appellate courts and developed a pragmatic political compromise; however, it did not persuasively show that the appeals courts experience difficulties sufficiently problematic to warrant treatment with measures as dramatic as the divisional arrangement. Congress, thus, should approve additional study of the appellate courts and continued Ninth Circuit experimentation with promising approaches.
How to Cite
43 Ariz. L. Rev. 633 (2001)
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