The Federal Appeals Courts at Century's End

A Federal Appellate System for the Twenty-First Century

In December 1998, the Commission on Structural Alternatives for the Federal Courts of Appeals issued a report and recommendations for Congress and the President. The commission resulted from ongoing controversy over splitting the U.S. Court of Appeals for the Ninth Circuit The commissioners clearly suggested that the circuit remain intact but proposed three regionally based adjudicative divisio...

Resolving Amicus Curiae Motions in the Third Circuit and Beyond

Amicus curiae briefs are deeply woven into the fabric of modern federal appellate practice. Indeed, amici curiae submit briefs in approximately ninety percent of the cases that the United States Supreme Court entertains, and the Justices deny a minuscule number of amicus requests to participate. Amicus practice is less ubiquitous in the United States Courts of Appeals. Amici seek to file compar...

Divisional Arrangement for the Federal Appeals Courts

IP-Related Refusals to Deal. Part 1: Updating the Intel-Intergraph Controversy

Considerable attention has focused on US District Court Judge Jackson’s preliminary fact findings about the Microsoft half of the Wintel monopoly. But the November 5, 1999, decision of the US Court of Appeals for the Federal Circuit, exonerating allegedly monopolistic conduct of the Intel half of Wintel-dom, has gone almost unremarked. This month’s Micro Law updates the July-August 1998 Micro L...

The Nature and Causes of the Immigration Surge in the Federal Courts of Appeals: A Preliminary Analysis