Federal Court Governance: Why Congress Should and Why Congress Should Not Create a Full-Time Executive Judge, Abolish the Judicial Conference, and Remove Circuit Judges from District Court Governance.

摘要

This paper analyzes the structure and practice of federal court governance. It first describes the current governance arrangement. It then articulates the implicit assumptions on which the current arrangement appears to rest. Next, it offers arguments for and against a detailed set of alternatives, as a way of assessing the strengths and weaknesses of the current system. The final part returns to the underlying assumptions of the current governance arrangement, reassessing those assumptions in light of the analysis of alternative arrangements. The paper does not review all of the important questions about federal court governance.