Federal Judicial Center

Thurgood Marshall Federal Judiciary Building

One Columbus Circle, N.E.

Washington DC 20002-8003

www.fjc.gov
contents

Advocacy, 2

Alternative Dispute Resolution, 2

Appellate System Structure and Revision, 4

Attorneys’ Fees, 4

Automation, Computers, and Technology, 5

Bankruptcy Appellate Panels, 5

Bankruptcy—Business, 6

Bankruptcy—Case Management, 6

Bankruptcy—General, 6

Calendars and Calendaring, 7

Capital Case Litigation, 7

Case Management—Appellate, 7

Case Management—Civil, 8

Caseloads and Case Weights, 10

Catalogs, 11

Circuit and District Executives, 11

Civil Rights Litigation, 12

Class Action Litigation, 12

Complex Litigation, 12

Court Governance and Management, 13

Court Reporters and Reporting, 14

Criminal Law and Procedure, 14

Desk References for Judges and Support Staff, 15

Discovery and Disclosure, 15

Employment Discrimination, 16

Evidence, 16

Experimentation and Innovation in the Law, 16

Expert Witnesses, 17

Federal Judicial Center, 17

Federal Judicial System, 18

Federal Jurisdiction, 18

Federalism, 19

History, 19

Intellectual Property, 20

International and Foreign Law, 20

Judges and the Judiciary, 21

Judicial Conduct and Disability, 22

Judicial Ethics, 22

Jury Instructions, 23

Jury Selection and Utilization, 23

Long Range Planning, 23

Mass Torts, 24

Opinion Writing and Legal Writing, 25

Orientation for District Judges, 25

Prisoner Litigation, 25

Pro se Litigation, 26

Probation and Pretrial Services—Offender Populations, 26

Probation and Pretrial Services—Offender Populations—Substance Abuse, 27

Research in the Courts, 28

Rules—Federal Rulemaking, 28

Sanctions, 28

Securities Law and Litigation, 29

Sentencing, 29

Settlement, 31

Special Masters, 31

Speedy Trial, 32

Stare Decisis, 32

State–Federal Judicial Relationships, 32

Voting Rights, 32

Index of Authors, 33

Index of Titles, 34
www.fjc.gov 1

2002 Federal Judicial Center Catalog of Publications

This catalog lists 168 of the publications the Center has produced since its

creation in 1967, grouped by subject category. The publications listed here

include reports of research and analysis done by or for the Center, as well as

educational manuals, monographs, and other reference works for various judicial

branch personnel. The Center also produces audiovisual media, which are described

in the 1999 Catalog of Audiovisual Media Programs. The points of view expressed in all

Center publications are those of the authors.

Please note: Publications within each subject are listed chronologically, newest first.

Older Center publications contain information, analyses, and conclusions that

reflect conditions or practices that have since changed. This is particularly true in the

areas of automation and sentencing. Some of these older publications have been

retained in the catalog because readers with special interests may find them useful,

even though they may be outdated by later developments in many respects.

who may order center publications

The Center provides its publications free of charge to employees of the federal

judicial system. Limited numbers of most Center publications are also available on

request to the public. To order, write to Federal Judicial Center, Information Services

Office, One Columbus Circle NE, Washington DC 20002-8003. Orders may also be

faxed to: Information Services Office at 202-502-4077.

center publications on the internet

The Center makes increasing numbers of its publications available in electronic form

at www.fjc.gov (and on the courts’ intranet at jnet.fjc.dcn). Some Center publications

are available on-line only.

center publications available from other sources

Selected Center publications are available via WESTLAW. They are located in the Texts

and Treaties database. Some Center publications of general interest are available for

purchase by the public from the Government Printing Office or from private

publishers; entries for such publications in this catalog include purchasing information.

federal judicial center information services generally

The Center’s Information Services Office maintains a specialized collection of books,

journals, and published and unpublished documents relating to the work of the

federal courts. Drawing from these, it serves as a national clearinghouse for information

on federal judicial administration, providing reference and research assistance to the

judicial branch. The library is open to individuals doing research on issues related to

federal judicial administration. In addition, each year the office answers written and

telephone requests for information from libraries, government agencies, academic

institutions, research organizations, bar groups, and the media. The telephone

number for the Information Services Office is 202-502-4153. The fax number is 202-

502-4077.
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2002 Federal Judicial Center Catalog of Publications

advocacy

The Quality of Advocacy in the Federal Courts: A Report to the Committee of the

Judicial Conference of the United States to Consider Standards for Admission to

Practice in the Federal Courts

Anthony Partridge & Gordon Bermant

1978, 213 pages

A report on judges’ evaluations of lawyers’ performance in federal district courts and

courts of appeals, undertaken in response to Chief Justice Burger’s criticism of

federal court advocacy. Based on surveys of trial and appellate judges and attorneys,

as well as on ratings of videotaped trial performance, the study analyzes relationships

between performance and lawyer characteristics (role in case, size of law office, and

lawyer’s age, experience, and education) and identifies areas of deficiency in trial

and appellate skills.

alternative dispute resolution

Guide to Judicial Management of Cases in ADR

Robert J. Niemic, Donna Stienstra & Randall E. Ravitz

2001, 193 pages

This publication offers guidance to federal trial and bankruptcy courts on when and

how to refer appropriate cases to ADR and how to manage cases referred to ADR.

Mediation in Bankruptcy, The Federal Judicial Center Survey of Mediation

Participants: Report to the Advisory Committee on Bankruptcy Rules

Robert J. Niemic

1998, 63 pages

A report on the Center’s survey of bankruptcy mediation participants, performed at

committee request, to help members assess proposed rules changes that would

govern mediation in bankruptcy.

Mediation and Conference Programs in the Federal Courts of Appeals: A

Sourcebook for Judges and Lawyers

Robert J. Niemic

1997, 107 pages

This sourcebook is a reference guide on mediation and conference programs in the

federal courts of appeals, programs that may offer a way for courts to deal with

increasing filings. The sourcebook responds to requests from the appellate courts

for a detailed description of all appellate courts’ mediation and conference programs as well as more general information about what happens in the courts of

appeals. In addition, it provides a means for attorneys to learn more about these

programs.

ADR and Settlement in the Federal District Courts: A Sourcebook for Judges and

Lawyers

Elizabeth Plapinger & Donna Stienstra

1996, 308 pages (available on WESTLAW)

published jointly by the Federal Judicial Center & the CPR Institute for Dispute

Resolution

Based on a survey of the federal district courts and an analysis of their rules, this

sourcebook describes in detail how each court’s ADR and settlement procedures

functioned at the time of the survey. It also provides information for judges who

design and refer cases to dispute resolution programs, for lawyers and litigants who

face increasingly complex dispute resolution choices and obligations, and for policy

makers and researchers who evaluate current programs and make recommendations for the future.
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2002 Federal Judicial Center Catalog of Publications

Alternatives to Litigation: Do They Have a Place in the Federal District Courts?

Donna Stienstra & Thomas E. Willging

1995, 68 pages

A discussion paper that analyzes arguments for and against incorporating ADR

programs into the case-management procedures of federal district courts. The

authors debate issues such as whether ADR is compatible with the role of the federal

courts, whether ADR conserves litigants’ costs and court resources, whether private

or public-sector development of ADR is preferable, and whether mandatory or

voluntary programs should be pursued.

Voluntary Arbitration in Eight Federal District Courts: An Evaluation

David Rauma & Carol Krafka

1994, 24 pages

A statutorily mandated report on the pilot court-annexed voluntary arbitration

programs in eight federal district courts. The study examines program use in the

context of the programs’ referral systems. It is a companion to the 1990 FJC study

of court-annexed mandatory arbitration programs in ten federal district courts (see

Court-Annexed Arbitration in Ten District Courts below).

FJC Directions, No. 7: Alternative Dispute Resolution

December 1994

Based on presentations and discussions at a conference for federal judges held in

late 1993, articles in this issue of FJC Directions acquaint readers with the context in

which ADR is developing, define the principal types of ADR used in the federal

courts, document the development and emerging role of ADR administrators in

eight courts, and discuss the practical problems of evaluating and monitoring ADR

procedures.

Court-Annexed Arbitration in Ten District Courts

Barbara S. Meierhoefer

1990, 154 pages (available on WESTLAW)

A statutorily mandated evaluation of the pilot court-annexed mandatory arbitration

programs in ten federal district courts. The report examines how well the programs

have met various goals, relying primarily on participants’ responses to survey questions about fairness and reduction of cost, delay, and court burden. It also addresses

how various program features affect goal achievement.

Alternative Dispute Resolution in a Bankruptcy Court: The Mediation Program in

the Southern District of California

Steven Hartwell & Gordon Bermant

1988, 88 pages (available on WESTLAW)

A study of the Southern District of California’s bankruptcy mediation program. The

authors summarize interviews with twenty-six program participants and analyze the

first eighty adversary proceedings to come to mediation. They explain the structure

of the program and describe the opinions of judges, mediators, and attorneys as to

the program’s effectiveness.

Evaluation of Court-Annexed Arbitration in Three Federal District Courts

E. Allan Lind & John E. Shapard

Revised 1983, 140 pages

An early evaluation of the effectiveness of local rules that provided for mandatory,

nonbinding arbitration in three federal district courts.

Summary Jury Trials in the Northern District of Ohio

M.-Daniel Jacoubovitch & Carl M. Moore

1982, 89 pages (available on WESTLAW)

An early analysis of the summary jury trial procedure and a documentation of the

views and concerns of participants in summary jury trials. The authors observed a

number of summary jury trials, reviewed court records, and interviewed those

involved in cases assigned to summary jury trials.

see also settlement
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2002 Federal Judicial Center Catalog of Publications

appellate system structure and revision

Structural and Other Alternatives for the Federal Courts of Appeals

Judith A. McKenna

1993, 179 pages

A statutorily requested study of the problems facing the federal courts of appeals and

the numerous changes, structural and otherwise, that have been suggested as

solutions. Areas of concern include the increased volume of appeals, the effects of

caseloads on the quality of appellate decision making, intercircuit and intracircuit

conflicts, the preservation of appellate traditions, and the scope of federal jurisdiction. The study outlines proposed changes to the structure of the courts, as well as

techniques used by judges to keep pace with increased caseloads. The study concludes that no major proposal for change to the structure of the courts would

substantially reduce appellate filings in the near future.

attorneys’ fees

Auctioning the Role of Class Counsel in Class Action Cases: A Descriptive Study

Laural L. Hooper & Marie Leary

2001, 120 pages (available on-line only)

A study conducted by the Center to provide the Third Circuit Task Force on

Selection of Class Counsel information on judges who have employed an auction or

bidding method to select class counsel. The report describes in detail the auctioning

procedures used by the judges, including the process of evaluating bids and selecting

the winning bidder. It is available at www.fjc.gov (and on the courts’ intranet at

jnet.fjc.dcn). This report is also available at the Third Circuit website

(www.ca3.uscourts.gov), which also contains the final report of the Third Circuit

Task Force. It will also be published in Federal Rules Decisions.

Awarding Attorneys’ Fees and Managing Fee Litigation

Alan Hirsch & Diane Sheehey

1994, 167 pages

A monograph about the doctrinal and case-management aspects of fee awards. It

analyzes the law of attorneys’ fee awards under fee-shifting statutes, the common

fund doctrine and its offspring, and the substantial benefit doctrine, and addresses

an issue of special significance to bankruptcy courts—the propriety of sua sponte

review of fee petitions. It also presents a selection of case-management strategies,

based on interviews with judges, attorneys, U.S. trustees, and others.

Taxation of Attorneys’ Fees: Practices in English, Alaskan, and Federal Courts

Alan J. Tomkins & Thomas E. Willging

1986, 145 pages (available on WESTLAW)

An examination of how attorney fee petitions are administered in the English taxing

master system, the Alaskan state courts, and the U.S. district courts. The authors

discuss the advantages and disadvantages of the various procedures so that federal

courts facing increased filings of attorney fee petitions can make informed policy

choices.

Attorney Fee Petitions: Suggestions for Administration and Management

Thomas E. Willging & Nancy A. Weeks

1985, 94 pages (available on WESTLAW)

An analysis of the cases, statutes, local rules, and other materials affecting judicial

management of attorney fee petitions. The authors offer alternative approaches to

various attorney fee issues and discuss techniques for streamlining repetitive aspects

of fee applications and disputes.
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2002 Federal Judicial Center Catalog of Publications

The Influence of Rules Respecting Recovery of Attorneys’ Fees on Settlement of

Civil Cases

John E. Shapard

1984, 72 pages (available on WESTLAW)

A theoretical economic analysis that compares the influence of five attorney fee rules

on litigants’ financial incentives: the American rule, the English rule, statutory

provisions allowing recovery by prevailing plaintiffs, contingent fee arrangements,

and an offer-of-judgment rule.

Judicial Regulation of Attorneys’ Fees: Beginning the Process at Pretrial

Thomas E. Willging

1984, 58 pages

A report on attorneys’ assessments of the pretrial order designed to regulate and

limit attorneys’ fees during the course of the Continental Illinois Securities Litigation.

Counsel for plaintiffs, defendants, corporations, unions, low-income clients, and

public-interest groups were asked to compare the guidelines in the Continental

Illinois case with their own practices. The author reports their approval of the

general approach and details their suggestions for refinement of the order.

automation, computers, and technology

Effective Use of Courtroom Technology: A Judge’s Guide to Pretrial and Trial

2001, 358 pages

This publication is the result of a joint project between the Federal Judicial Center

and the National Institute for Trial Advocacy. It describes the substantive and

procedural considerations that may arise when lawyers bring electronic equipment

to the courtroom or use court-provided equipment for displaying or playing evidentiary exhibits or illustrative aids during trial. It comes with a CD-ROM that contains

the entire text of the book for easy searching, reference, or excerpting, and includes

examples of the kinds of exhibits that may raise objections as to transitions, animations, color, sound, and special effects. The Center provides this publication free to

the federal judiciary. The public may purchase copies from the National Institute for

Trial Advocacy (www.nita.org).

Electronic Media Coverage of Federal Civil Proceedings: An Evaluation of the

Pilot Program in Six District Courts and Two Courts of Appeals

Molly Treadway Johnson & Carol Krafka

1994, 56 pages

An evaluation of the Judicial Conference’s 1991–1993 pilot program allowing electronic media coverage of federal civil proceedings in six district and two appellate

courts. The report, which was originally presented to the Judicial Conference

Committee on Court Administration and Case Management, provides information

concerning applications for coverage and proceedings actually covered, as well as a

content analysis of news broadcasts incorporating such coverage. It summarizes

results from surveys of judges and attorneys in the pilot courts; interviews with

judges, court staff administrators, and media representatives; and state studies of the

effects of electronic media presence on witnesses and jurors.

bankruptcy appellate panels

Alternative Structures for Bankruptcy Appeals

Judith A. McKenna & Elizabeth C. Wiggins

2000, 123 pages

This report, prepared at the request of the Judicial Conference Committee on the

Administration of the Bankruptcy System describes the bankruptcy appellate system

and recent efforts at change.
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2002 Federal Judicial Center Catalog of Publications

Bankruptcy Appellate Panels: The Ninth Circuit’s Experience

Gordon Bermant & Judy B. Sloan

21 Arizona State University Law Journal 1 (1989)

A description of the Ninth Circuit’s early use of panels composed of three bankruptcy judges to hear and decide initial appeals from decisions of the bankruptcy

courts.

bankruptcy—business

Chapter 11 Venue Choice by Large Public Companies: A Report to the Judicial

Conference Committee on the Administration of the Bankruptcy System

Gordon Bermant, Arlene Jorgensen & Aaron Kerry

1997, 72 pages

A report that responds to a request by the Judicial Conference Committee on the

Administration of the Bankruptcy System for empirical information and analysis on

whether the bankruptcy case venue statutes and procedural rule should be

amended. The report presents the results of a 1996 survey of federal bankruptcy

judges about Chapter 11 venue and judges’ views of a proposal to amend 28 U.S.C.

§ 1408 to prohibit corporate debtors from filing for relief in a district based solely

on the debtor’s state of incorporation or based solely on an earlier filing by a

subsidiary in the district. The report also presents analyses of administrative and

demographic characteristics of large public companies that emerged from Chapter

11 during 1994 and 1995.

Business Bankruptcy

Elizabeth Warren

1993, 177 pages

A general overview of the policies and practices of the business bankruptcy system.

It covers both Chapter 7 liquidation and Chapter 11 reorganization.

bankruptcy—case management

A Guide to the Judicial Management of Bankruptcy Mega-Cases

S. Elizabeth Gibson

1992, 227 pages (available on WESTLAW)

A guide for a judge who must handle the multiple issues involved in a bankruptcy

mega-case. Developed from insights offered by twenty-four experienced bankruptcy

judges at a Federal Judicial Center conference, the guide includes sample forms and

orders various judges have found useful in their courts.

see also international and foreign law; mass torts

bankruptcy—general

Implementing and Evaluating the Chapter 7 Filing Fee Waiver Program: Report to

the Committee on the Administration of the Bankruptcy System

Elizabeth C. Wiggins

1998, 271 pages

A description of the study the Center undertook at the committee’s request to

examine the congressionally mandated pilot fee-waiver program in six districts.

Under the program, which ran from Oct. 1, 1994, through Sept. 30, 1997, the $175

filing fee was waived for Chapter 7 debtors unable to pay.
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2002 Federal Judicial Center Catalog of Publications

calendars and calendaring

The Joint Trial Calendars in the Western District of Missouri

Donna Stienstra

1985, 59 pages

An examination of the calendaring system used by the Western District of Missouri

to clear its criminal and civil dockets at regularly scheduled intervals. The report,

based on interviews with the district’s judges, court personnel, and attorneys, discusses the system’s impact and offers guidelines for courts considering its adoption.

Copies of the court’s orders and forms are included.

capital case litigation

Resource Guide for Managing Capital Cases, Vol. 1: Federal Death Penalty Trials

Molly Treadway Johnson, Laural L. Hooper

2001, 58 pp. (available on-line only)

This guide describes the statutes, case law, and policies applicable to federal capital

case management issues such as appointment of counsel, case budgeting, and jury

selection, and summarizes procedures judges have used in capital cases at each stage

of the proceedings. The guide is part of a website the Center prepared to assist

judges assigned capital cases, including federal death penalty prosecutions and

capital habeas cases. The site also contains orders, jury questionnaires, instructions,

verdict forms, and other materials developed by judges who have handled death

penalty cases, and a list of additional resources.

The Resource Guide and other material are available at www.fjc.gov (and on the

courts’ intranet at jnet.fjc.dcn). They are not available in printed form.

Volume II of the guide, which will cover capital habeas cases, is under development.

case management—appellate

Case Management Procedures in the Federal Courts of Appeals

Judith A. McKenna, Laural L. Hooper & Mary Clark

2000, 210 pages

This report details the varying appellate practices and procedures of the U.S. courts

of appeals within the generally uniform appellate scheme imposed by the Federal

Rules of Appellate Procedure. The report was undertaken for the Judicial Conference Committee on Court Administration and Case Management and the Commission on Structural Alternatives for the Federal Courts of Appeals, created by Congress in late 1997 and chaired by retired Justice Byron R. White. Part I of the report

highlights key variations from court to court; Part II describes in detail the casemanagement procedures of each court.

The Pre-Argument Conference Program in the Sixth Circuit Court of Appeals

James B. Eaglin

1990, 86 pages (available on WESTLAW)

A study conducted at the court’s request to determine if its program met its goals

of saving judges’ time, lessening case-management burdens, and simplifying issues

on appeal. Using a control group method, the study determined that the program

was a success—it met its goals and received strong support from the bar.

The Role of Staff Attorneys and Face-to-Face Conferencing in Non-Argument

Decisionmaking: A View from the Tenth Circuit Court of Appeals

Donna Stienstra & Joe S. Cecil

1989, 67 pages (available on WESTLAW)

Using materials obtained through interviews with the court of appeals’ judges and

staff attorneys, as well as visiting judges, the authors discuss the procedure used by

the court for selecting and deciding cases suitable for disposition without argument.

They concluded that staff attorneys’ attendance at the decision-making conference

and face-to-face discussion among the judges provided substantial benefits for the

judges, the staff attorneys, and the efficiency and quality of the nonargument

decision-making process.
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2002 Federal Judicial Center Catalog of Publications

Managing Appeals in Federal Courts

Robert A. Katzmann & Michael Tonry (eds.)

1988, 826 pages

An anthology of Center reports on handling appeals. The editors selected writings

from the twenty-five published and unpublished reports on the topic the Center has

supported in the last fifteen years. Eighteen of these reports are reprinted in whole

or in part. The editors’ introductions to each of the book’s five parts provide

descriptions or summaries of the reports not reprinted.

Deciding Cases Without Argument: An Examination of Four Courts of Appeals

Joe S. Cecil & Donna Stienstra

1987, 222 pages (available on WESTLAW)

A report on the role of staff attorneys and special judicial panels in the selection of

cases for nonargument disposition in the federal appellate courts. The report was

based on an examination of administrative records and on interviews with clerks,

senior staff attorneys, and judges. It discusses the criteria and methods used in

selecting nonargument cases, and it presents the judges’ views concerning the role

of oral argument.

Deciding Cases Without Argument: A Description of Procedures in the Courts of

Appeals

Joe S. Cecil & Donna Stienstra

1985, 53 pages (available on WESTLAW)

A report on procedures and standards used by the courts of appeals in the 1980s for

deciding cases without oral argument. The authors discuss the responses of clerks

of court to a survey on court practices and present statistical information along with

a review of relevant local rules. The report discusses only the procedures developed

for typical cases; it does not consider special procedures for pro se cases, nor does

it attempt to evaluate the screening programs.

A Reevaluation of the Civil Appeals Management Plan

Anthony Partridge & Allan Lind

1983, 115 pages

The report of the Center’s second evaluation of the Second Circuit court of appeals’

Civil Appeals Management Plan (CAMP), which in contrast to the first evaluation

(see An Evaluation of the Civil Appeals Management Plan below), reveals that CAMP was

producing the benefits expected of it. In addition to reducing average disposition

time, CAMP resulted in settlement or withdrawal of about 10% of the appeals eligible

for the program, producing a reduction of approximately 8% in the total number

of appeals.

An Evaluation of the Civil Appeals Management Plan: An Experiment in Judicial

Administration

Jerry Goldman

1977,122 pages

An evaluation of the first experimental operation of the Civil Appeals Management

Plan (CAMP)of the Second Circuit. The report evaluated a set of procedures designed to eliminate burdensome appeals, improve the quality of appeals, and

expedite the appellate process through the use of mandatory scheduling orders and

pre-argument conferences supervised by staff counsel. The report concluded that

the initial experiment failed to provide conclusive evidence of the plan’s substantive

value but that further analysis is warranted (see A Reevaluation of the Civil Appeals

Management Plan above).

case management—civil

Civil Litigation Management Manual

2001, 463 pages

This manual provides trial judges a handbook on managing civil cases. It sets out a

wide array of case-management techniques, beginning with case filing and concluding with steps for streamlining trials and discusses a number of special topics,
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2002 Federal Judicial Center Catalog of Publications

including pro se and high visibility cases, the role of staff, and automation that

supports case management. The manual, which was produced in response to the

Civil Justice Reform Act of 1990, is based on the experiences of federal district and

magistrate judges and reflects techniques they have developed. It was prepared

under the direction of the Judicial Conference Committee on Court Administration

and Case Management, with substantial contributions from the Administrative

Office of the U.S. Courts and the Federal Judicial Center, and was approved by the

Judicial Conference in March 2001.

The Use of Visiting Judges in the Federal District Courts: A Guide for Judges and

Court Personnel

Jennifer Evans Marsh

2001, 67 pages

At the request of the Judicial Conference Judicial Officers Resources Working

Group the Center developed this guide to help courts create visiting judge programs

and to provide practical suggestions to visiting judges.

Use of Expert Testimony, Specialized Decision Makers, and Case-Management

Innovations in the National Vaccine Injury Compensation Program

Molly Treadway Johnson, Carol E. Drew & Dean P. Miletich

1998, 60 pages

A report on the Center’s study of the vaccine injury program. The report examines

why the program was created, its implementation, the filing and termination rates

over its course, and participants’ views of the program. The authors also discuss

whether the program structure would be appropriate in other types of cases.

Report to the Judicial Conference Committee on Court Administration and Case

Management: A Study of the Five Demonstration Programs Established Under the

Civil Justice Reform Act of 1990

Donna Stienstra, Molly Johnson & Patricia Lombard

1997, 401 pages

Report on the programs adopted by districts designated as demonstration districts

by the Civil Justice Reform Act. Includes a list of issues to address in designing a

mediation program.

The Civil Justice Reform Act Expense and Delay Reduction Plans: A Sourcebook

David Rauma & Donna Stienstra

1995, 361 pages

An overview of the U.S. district courts’ Civil Justice Reform Act expense and delay

reduction plans. Seventeen tables summarize the courts’ civil case management

procedures and techniques in terms of common elements, such as service of process,

motions, and alternative dispute resolution.

The Analysis and Decision of Summary Judgment Motions: A Monograph on Rule

56 of the Federal Rules of Civil Procedure

William W Schwarzer, Alan Hirsch & David Barrans

1991, 98 pages

The authors suggest ways of thinking about summary judgment that can help judges

and lawyers make more effective use of the rule as a vehicle to reach the objectives

of Federal Rule of Civil Procedure 1: the just, speedy, and inexpensive resolution of

litigation. (The monograph is available at 139 F.R.D. 441.)

Use of Rule 12(b)(6) in Two Federal District Courts

Thomas E. Willging

1989, 19 pages (available on WESTLAW)

Federal Rule of Civil Procedure 12(b)(6) allows the defense of “failure [of a

complaint] to state a claim upon which relief can be granted.” The Center conducted the study at the request of the Advisory Committee on Civil Rules of the

Judicial Conference of the United States and its reporter, Professor Paul Carrington.

After considering the data in the paper at its April 1989 meeting, the Advisory

Committee decided not to change Rule 12(b)(6).
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2002 Federal Judicial Center Catalog of Publications

Summary Judgment Practice in Three District Courts

Joe S. Cecil & C. R. Douglas

1987, 13 pages (available on WESTLAW)

A review of data indicating a decline in the percentage of cases disposed of by

summary judgment from 1975 to 1986. The report also notes, however, a renewed

interest in the use of this procedure, the standards for which have been clarified by

several Supreme Court decisions.

Protracted Civil Trials: Views from the Bench and the Bar

Gordon Bermant, Joe S. Cecil, Alan J. Chaset, E. Allan Lind & Patricia A. Lombard

1981, 93 pages (available on WESTLAW)

A report on the nature and management of long, complex civil trials, based on

interviews with sixty-eight experienced judges and lawyers. The report highlights

facts and opinions about the role of juries in protracted trials. It also demonstrates

that there are complicated trade-offs to be considered in weighing the relative

advantages of bench trials and jury trials for protracted cases.

Judicial Controls and the Civil Litigative Process: Motions

Paul R. J. Connolly & Patricia A. Lombard

1980, 76 pages

An investigation of variations in motion management procedures in civil litigation,

based on data from more than 3,000 cases in six district courts. The report classifies

courts by motions-day procedures and extent of opinion drafting and analyzes the

written-submissions and oral-proceedings tracks for motion management.

Case Management and Court Management in United States District Courts

Steven Flanders

1977, 153 pages

An oft-cited analysis of the differences between court management procedures

resulting in fast versus slow processing and those resulting in high versus low rates

of disposition. Alternative procedures are examined and recommended.

see also calendars and calendaring; complex litigation;

discovery and disclosure; evidence; expert witnesses; jury

instructions; jury selection and utilization

caseloads and case weights

Stalking the Increase in the Rate of Federal Civil Appeals

Carol Krafka, Joe S. Cecil & Patricia Lombard

1995, 32 pages

A report that examines sources of increases in federal civil appeals and the suggestion that these increases are caused by an increased proclivity to appeal lower court

decisions. The report concludes that the increase in civil appeals has resulted mainly

from the increased volume of litigation in the district courts. The growth in appellate

caseloads has been principally attributable to increasing rates of appeal in prisoner

actions and, to a lesser extent, civil rights cases. No evidence of an across-the-board

increase in the likelihood of appeal was detected.

A Day in the Life: The Federal Judicial Center’s 1988–1989 Bankruptcy Court

Time Study

Gordon Bermant, Patricia A. Lombard & Elizabeth C. Wiggins

65 American Bankruptcy Law Journal 491 (1991)

At the request of the Judicial Conference Committee on the Administration of the

Bankruptcy System, during fiscal year 1989, the Center surveyed the caseloads of 272

bankruptcy judges (97% of those sitting at the time). The data collected in the survey

formed the basis of seventeen case weights, which are the average amounts of time

bankruptcy judges spent on the matters that came before them. The Administrative

Office of the U.S. Courts uses the case weights to calculate weighted caseloads for

each bankruptcy court, and the Judicial Conference uses this information as a major

factor in assessing the need for bankruptcy judgeships.
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2002 Federal Judicial Center Catalog of Publications

The Caseload Experiences of the District Courts from 1972 to 1983: A Preliminary

Analysis

Barbara Stone Meierhoefer & Eric V. Armen

1985, 20 pages

An analysis of the appropriateness of using 400 weighted filings per judge as the

touchstone for recommending the creation of new district judgeships. Through

statistical comparisons of various single-year filing cutoff points, the authors examine how the district courts have handled their pending caseloads. The report

concludes that, although important, the single-year filing levels are imperfect predictors of caseload behavior and that other variables need to be considered.

The 1981 Bankruptcy Court Time Study

John E. Shapard

1982, 107 pages

This study, done at the request of the Bankruptcy Division of the Administrative

Office, is an analysis of the caseload burdens of bankruptcy judges, using a

refinement of the time study method developed in the 1979 district court time study.

The report describes in detail what was then a new methodology and explains how

to use case weights to produce weighted caseload measurements. (This methodology was further refined to produce A Day in the Life: The Federal Judicial Center’s 1988–

1989 Bankruptcy Court Time Study, which is described on page 10.)

District Court Caseload Forecasting: An Executive Summary

1975, 56 pages

A summary of the first phase of the Center’s project to develop a caseload forecasting

model. The study concludes that indicator-based forecasts can and should be used

to help allocate district court resources.

catalogs

Catalog of Audiovisual Media Productions

1999, 165 pages

A catalog of educational programs on audiocassette, videocassette, and computer

disk available for circulation to federal court personnel. The media programs

include audio recordings of presentations made at Center seminars and workshops,

videotaped lectures and other video programs produced by the Center, and commercially produced films and cassettes that address a range of legal, managerial,

supervisory, and other topics.

circuit and district executives

The First Decade of the Circuit Court Executive: An Evaluation

John W. Macy, Jr.

1985, 83 pages

A description of the evolution of the circuit executive position. The author, a

longtime federal personnel executive and observer, considered the extent to which

expectations for the executives’ role in the administration of justice was realized and

offered recommendations for further development of that role.

The District Court Executive Pilot Program: A Report on the Preliminary

Experience in Five Federal Courts

William B. Eldridge

1984, 28 pages

A discussion of the roles and responsibilities of the position of district court executive as implemented in the mid-1980s in five pilot courts. The paper focused on the

patterns that emerged from a discussion by chief judges and executives of the pilot

districts.
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2002 Federal Judicial Center Catalog of Publications

The Impact of the Circuit Executive Act

John T. McDermott & Steven Flanders

1979, 269 pages

An early report on a study of the role and functions of circuit executives. The authors

describe the birth of the circuit executive concept and its legislative history, assess

the impact of circuit executives on federal judicial administration and provide a

systematic review of the strong and weak points of the various circuits’ experiences

under the Circuit Executive Act.

see also court governance and administration

civil rights litigation

Section 1983 Litigation

Karen M. Blum & Kathryn R. Urbonya

1998, 127 pages

A summary of the legal principles governing litigation under 42 U.S.C. § 1983, the

statute for redressing constitutional and federal statutory violations. This monograph includes pertinent cases from the 1997–1998 Supreme Court term.

class action litigation

An Empirical Study of Class Actions in Four Federal District Courts: Final Report

to the Advisory Committee on Civil Rules

Thomas E. Willging, Laural L. Hooper & Robert J. Niemic

1996, 200 pages

A study conducted by the Center to provide the Judicial Conference Advisory

Committee on Civil Rules with systematic, empirical information about how Federal

Rule of Civil Procedure 23 operates. The study addressed many questions about the

day-to-day administration of Rule 23 in the types of class actions that are ordinarily

filed in the federal courts. The report presents empirical data on all class actions

terminated between July 1, 1992, and June 30, 1994, in four federal district courts,

and it discusses many of the issues in the continuing debate about class actions.

see also mass torts

complex litigation

Manual for Complex Litigation, Third

1995, 568 pages (available on WESTLAW)

The successor to the Manual for Complex Litigation, Second, this work describes

procedures that trial judges have found to be successful in managing complex cases.

It also analyzes practices that have caused difficulties. It includes a number of forms

that have been used by U.S. district judges. (Free distribution from the Center to

federal judicial personnel only. A number of private publishers and the Government

Printing Office reprint it for sale to the public.)

see also case management—civil; jury instructions;

jury selection and utilization; mass torts; special masters
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2002 Federal Judicial Center Catalog of Publications

court governance and management

Template for Chief Circuit Judges’ Deskbooks

2001, 27 pages (available on-line only)

In response to requests from chief judges and as a follow-up to a 2000 conference

for appellate judges, the Center developed this common template that each circuit

could use to develop its own deskbook for chief judges. It provides a comprehensive

list of activities that chief judges and others undertake pursuant to statute, to Judicial

Conference policies, or simply because of the imperatives of administering a circuit.

The template is available only in electronic form at www.fjc.gov (and on the courts

intranet at jnet.fjc.dcn).

Deskbook for Chief Judges of U.S. District Courts, Second Edition

1993, 128 pages

A detailed reference for chief judges of federal district courts. The Deskbook describes

the position of chief judges within the system of federal judicial administration as

well as their specific roles and responsibilities with respect to national and regional

bodies of judicial administration; other judges, officers, and employees of the district

court; various functions of the court; and external groups such as the bar, media, and

public. Includes citations to statutory requirements and Judicial Conference and

Administrative Office policies. A revised edition, to be published in 2002, contains

a new chapter on leadership.

Origins of the Elements of Federal Court Governance

Russell R. Wheeler

1992, 23 pages

A brief description of the history and evolution of the major elements—agencies,

offices, organizations, positions (such as chief judge), and entities (such as a circuit)—of federal court governance. The author treats these elements through an

index, a brief chronology, descriptions of the major factors involved in their creation, and a bibliography.

Administration of Justice in a Large Appellate Court: The Ninth Circuit

Innovations Project

Joe S. Cecil

1985, 167 pages

A description of a series of innovations adopted by the Ninth Circuit court of appeals

from 1980 to 1982. The report outlines the court’s Submission-Without-Argument

and Prebriefing Conference programs and its modifications in the calendaring of

oral arguments, and it reviews the effects of these innovations on case processing and

the circuit’s workload.

Administering the Federal Judicial Circuits: A Survey of Chief Judges’ Approaches

and Procedures

Russell R. Wheeler & Charles W. Nihan

1982, 59 pages

A description of how chief judges of the federal appellate courts discharged their

administrative responsibilities in the early 1980s, based on interviews with chief

judges, circuit executives, and other court personnel. The report discusses current

trends in circuit administration and offers suggestions for how the chief judge’s

administrative role might be strengthened.

Administrative Structures in Large District Courts

Philip L. Dubois

1981, 79 pages

An early comparative analysis of management styles in the fifteen metropolitan

district courts. The report is based on personal interviews with chief judges, clerks

of court, and other judges and circuit personnel. It describes the many administrative tasks courts face and the various arrangements they have devised to perform

those tasks.
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2002 Federal Judicial Center Catalog of Publications

Operation of the Federal Judicial Councils

Steven Flanders & John T. McDermott

1978, 108 pages

An analysis of the creation and history of the councils, and an evaluation of the

operation of the federal judicial councils before the 1980 statutory change. The

authors assess the effectiveness of the guidelines for council activity that the Judicial

Conference of the United States promulgated in 1974.

see also circuit and district executives; judges and the judiciary;

jury instructions; jury selection and utilization;

opinion writing and legal writing

court reporters and reporting

Digital Audio Recording Technology: A Report on a Pilot Project in Twelve

Federal Courts

Donna Stienstra, Patricia Lombard, David Rauma & George Cort

1999, 174 pages

This report, prepared at the request of the Court Administration and Case Management Committee of the Judicial Conference, summarizes findings from a study of

digital audio recording technology as it was used to take the record of court

proceedings in six district and six bankruptcy courts.

A Comparative Evaluation of Stenographic and Audiotape Methods for United

States District Court Reporting

J. Michael Greenwood, Julie Horney, M.-Daniel Jacoubovitch, Frances B.

Lowenstein & Russell R. Wheeler

1983, 222 pages

A report on the results of research undertaken in response to section 401 of the

Federal Courts Improvement Act of 1982, which directs the Judicial Conference of

the United States to “experiment with the different methods of recording court

proceedings.” The study evaluated the performance of audio recording systems

placed in twelve courtrooms in ten circuits.

criminal law and procedure

Manual on Recurring Problems in Criminal Trials, Fifth Edition

Donald S. Voorhees (Genevra Kay Loveland, ed.)

2001, 178 pages

The fifth edition of the late Judge Voorhees’s guide to the law governing many of

the procedural matters that arise in criminal trials. The material has been updated

to include cases decided during the Supreme Court’s 2000–2001 term and U.S.

Court of Appeals cases reported through 212 F.3d 306. Among the topics covered

are jury-related problems, evidentiary issues, civil and criminal contempt, the Fifth

Amendment, confessions, and severance of defendants.

The Bail Reform Act of 1984, Second Edition

1993, 88 pages

A summary of appellate court decisions (with the exception of standards of review)

interpreting provisions of the Bail Reform Act from October 12, 1984, the act’s

effective date, to April 15, 1993.

see also capital case litigation; probation and pretrial services;

sentencing; speedy trial
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2002 Federal Judicial Center Catalog of Publications

desk references for judges and support

staff

Benchbook for U.S. District Court Judges, Fourth Edition

March 2000 revision, 244 pages

An ongoing compilation of information that federal judges have found useful for

immediate bench or chambers reference. The Benchbook contains sections on such

topics as assignment of counsel, taking guilty pleas, sentencing, standard voir dire

questions, and death penalty cases. It is prepared under the guidance of experienced district judges and is produced in loose-leaf format for easy supplementation.

Conducting Job Interviews: A Guide for Federal Judges

1999, 29 pages

This guide describes an interviewing process that is simple, effective, and fair and

gives examples of questions to help determine whether job candidates have the

knowledge, skills, and abilities necessary for the position. The guide may be helpful

to judges as they select law clerks, and to chief judges and other judges who are in

the process of selecting unit executives.

Chambers Handbook for Judges’ Law Clerks and Secretaries

1994, 184 pages

A handbook that provides an overview of chambers operations and the work of the

federal courts. It deals with the following tasks and areas of concern for judges’ law

clerks and secretaries: conduct, ethics, and protocol; basic analysis of litigation;

court governance and administration; chambers and case management; relations

with other court and justice system personnel; and legal research and writing.

discovery and disclosure

Discovery and Disclosure Practice, Problems, and Proposals for Change:

A Case-based National Survey of Counsel in Closed Federal Civil Cases.

Thomas E. Willging, John Shapard, Donna Stienstra & Dean P. Miletich

1997, 75 pages

At the request of the Advisory Committee on Civil Rules, the Center conducted a

study of the discovery process, examining the extent to which discovery is used, the

frequency and nature of problems in discovery, the impact of the 1993 amendments,

and whether additional rule changes are needed.

Attorneys’ Views of Local Rules Limiting Interrogatories

John Shapard & Carroll Seron

1986, 31 pages

The results of a survey of practicing attorneys in twelve districts concerning their

experience with district court rules that limit the number of interrogatories one

party may serve on another without leave of court to serve more.

Judicial Controls and the Civil Litigative Process: Discovery

Paul R. Connolly, Edith A. Holleman & Michael J. Kuhlman

1978, 126 pages

A description of the use of the discovery rules then in effect in a sample of more than

3,000 cases from six district courts. The report provides quantitative information on

each discovery device and on discovery motions. The authors evaluate the relationship between the degree of judicial control and the time required for discovery and

provide guidelines for judges to use in setting discovery time limits. This report is

a product of the District Court Studies Project.
16 www.fjc.gov

2002 Federal Judicial Center Catalog of Publications

employment discrimination

Major Issues in the Federal Law of Employment Discrimination, Third Edition

George Rutherglen

1996, 157 pages

An examination of the substantive and procedural provisions of Title VII of the Civil

Rights Act of 1964. This third edition discusses developments in the law through

December 31, 1995, including changes resulting from the Civil Rights Act of 1991

and the Americans with Disabilities Act of 1990. It covers such issues as claims of

disparate treatment and disparate impact, affirmative action, and discrimination on

the basis of sex, national origin, and religion. Other federal remedies for employment discrimination are also discussed. A bibliography of works the author considers

most useful to judges and lawyers in the field is included.

evidence

Case Law Divergence from the Federal Rules of Evidence

Daniel J. Capra

2000, 26 pages

At the request of the Advisory Committee on Evidence Rules, Professor Daniel

Capra, committee reporter, highlights the major instances in which case law has

diverged from an applicable Rule. This report is reprinted at 197 Federal Rules

Decisions 531.

Reference Manual on Scientific Evidence, Second Edition

2000, 647 pages (available on WESTLAW)

A reference to assist judges in managing expert evidence in cases involving issues of

science or technology. The manual discusses the management and admissibility of

expert evidence, and contains a series of reference guides on particular areas of

expert testimony such as statistics, epidemiology, toxicology, and DNA evidence. The

Center distributes the manual free to the federal judiciary. The public may purchase

copies from LRP Publications (1-800-341-7874 x307), Matthew Bender Publishing

Co. (1-800-833-9844), or West Group (1-800-344-5009).

Advisory Committee Notes to the Federal Rules of Evidence That May Require

Clarification

Daniel J. Capra

1998, 48 pages

At the request of the Advisory Committee on Evidence Rules, Professor Daniel

Capra, committee reporter, listed instances where Congress either rejected or

substantially changed rules before passage, thus rendering advisory committee notes

possibly confusing. He provides an introduction and a rule-by-rule commentary on

these discrepancies.

see also expert witnesses

experimentation and innovation in the law

Experimentation in the Law: Report of the Federal Judicial Center Advisory

Committee on Experimentation in the Law

1981, 134 pages (available on WESTLAW)

The committee examined the ethical and legal problems posed by experimentation

with innovative programs and procedures in the justice system. The report offers

guidance to justice system administrators to help ensure that needed experimentation is pursued in a manner commensurate with fundamental ideals of the system

of justice. The report presents a comprehensive approach to addressing the need for

experimentation as a means for improving the operation of the justice system and

describes the ethical and legal constraints on such experimentation.

see also alternative dispute resolution; automation, computers, and

technology; case management (appellate and civil)
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2002 Federal Judicial Center Catalog of Publications

expert witnesses

Neutral Science Panels: Two Examples of Panels of Court-Appointed Experts in

the Breast Implants Product Liability Litigation

Laural L. Hooper, Joe S. Cecil & Thomas E. Willging

2001, 104 pages

This report to the Judicial Conference Committee on Court Administration and

Case Management describes two different types of independent panels used in the

silicone gel breast implants litigation. The use of such panels of appointed experts

represents a marked departure from the traditional means of presenting and

considering testimony. This report describes these expert panels in sufficient detail

to permit others to understand the procedures that were used, the benefits that

resulted, and the problems that arose.

Expert Testimony in Federal Civil Trials: A Preliminary Analysis

Molly Treadway Johnson, Carol Krafka & Joe S. Cecil

2000, 8 pages

This report describes the results of a 1998 Federal Judicial Center survey of federal

judges about their experiences with expert testimony in civil cases. Judges answered

specific questions about their most recent relevant civil trial, as well as questions

drawing on their overall experience with expert testimony in civil cases. The Center

conducted a similar survey of judges in 1991, shortly before the Supreme Court

issued a ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

Preliminary analysis of the aggregated data has focused on (1) comparing judges’

experiences with expert testimony before and after Daubert and (2) exploring the

current concerns of judges regarding expert testimony in civil cases. A final report

of the results from the 1998 and a 1999 survey will be published in Psychology, Public

Policy and Law.

Court-Appointed Experts: Defining the Role of Experts Appointed Under Federal

Rule of Evidence 706

Joe S. Cecil & Thomas E. Willging

1993, 108 pages

A study of why judges rarely appoint experts under Rule 706. In discussing this issue

with judges, the authors learned of techniques and procedures that may aid judges

when considering whether to appoint an expert or when managing an expert who

has been appointed.

Court-Appointed Experts

Thomas E. Willging

1986, 25 pages (available on WESTLAW)

A description of the appointment of expert witnesses under Federal Rule of Evidence 706. The report discusses procedures for appointing an expert and for

payment of the costs.

see also evidence

federal judicial center

Annual Reports, 1969–2001

Reports submitted to the Judicial Conference of the United States, as directed by

statute, describing the work of the Center each year. (Reports for years before 1980

are available only on a loan basis.)

FJC Directions (1991–1996)

A magazine that reports Center research and education activities in a concise

format. Ceased publication with issue number 9.
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2002 Federal Judicial Center Catalog of Publications

Empirical Research and the Politics of Judicial Administration: Creating the

Federal Judicial Center

Russell R. Wheeler

51 Law & Contemporary Problems 31 (Summer 1988)

Analyzes the creation of the Federal Judicial Center with respect to the twentiethcentury evolution of court administration and research and describes how the

statute creating the Center was affected by the interests of judges and legislators.

see also rules—federal rulemaking

federal judicial system

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

Russell R. Wheeler & Gordon Bermant

1994, 128 pages

An analysis of the pros and cons of alternative schemes for the governance of the

federal courts. The scheme draws on proposals of various judges and other observers

and includes the elements suggested in the title, among others. A “coda” discusses

other more modest proposals for change in the governance structure. The paper’s

purpose is not to advocate any particular proposals, but to stimulate and inform

discussion of issues of governance.

federal jurisdiction

Conference on Assessing the Effects of Legislation on the Workload of the Courts:

Papers and Proceedings

A. Fletcher Mangum, ed.

1995, 173 pages

A record of the papers and proceedings of a conference the Center hosted in April

1993. The purpose of the conference was to facilitate efforts in judicial impact

assessment by providing a forum where individuals with a shared interest in this area

could exchange information and ideas. Panelists included state and federal judges,

congressional staff, academics, and staff from the administrative offices of the state

and federal courts, the National Center for State Courts, the U.S. General Accounting Office, the Brookings Institution, and the Center.

A Primer on the Jurisdiction of the U.S. Courts of Appeals

Thomas E. Baker

1989, 100 pages (available on WESTLAW)

A brief introduction to the statutory law, case law, and rules of court governing the

U.S. courts of appeals. The author traces the appeals process and analyzes jurisdictional requirements for final and interlocutory appeals, criminal appeals, review by

writ, and agency appeals. He provides an annotated bibliography.

The Budgetary Impact of Possible Changes in Diversity Jurisdiction

Anthony Partridge

1988, 58 pages (available on WESTLAW)

A report that estimates the budgetary impact of the 1988 amendments to diversityof-citizenship jurisdiction and the potential impact as of 1988, of other proposals.

The report presents a method for estimating the impact of changes in federal

jurisdiction.
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2002 Federal Judicial Center Catalog of Publications

federalism

On the Federalization of the Administration of Civil and Criminal Justice

William W Schwarzer & Russell R. Wheeler

1994, 57 pages

An examination of some of the conflicting views and their underlying premises

regarding federalization of the administration of justice, e.g., Does the Constitution

dictate a limited role for the federal courts? Do the policy reasons underlying

federalism argue for a restricted role? Does expanded jurisdiction subvert the

appropriate role of the federal courts or threaten their quality and competence? Is

there a principled basis for defining the federal courts’ role? A concluding section

notes that more practical considerations may be available to guide legislators and

policy makers in preserving the unique role of the federal courts consistent with

national interests.

Judicial Federalism in Action: Coordination of Litigation in State and Federal

Courts

William W Schwarzer, Nancy E. Weiss & Alan Hirsch

78 Virginia Law Review 1689 (1992)

A paper that describes how some state and federal judges have coordinated complex

litigation pending in their courts. It recounts various arrangements the judges used

to address problems presented by related multiforum litigation and considers the

circumstances under which coordination is likely to be successful. The paper also

addresses federalism concerns that may arise when state and federal judges coordinate litigation.

see also state–federal judicial relationships

history

Order in the Courts: A History of the Federal Court Clerk’s Office

I. Scott Messinger

2002

A chronological study of the development of the clerk’s office as an institution from

its creation by Congress in 1789 to the present. The report uses legislative material

and other primary sources to describe the changing nature of the clerks’ duties over

the course of American history. The report also describes and explains the transformation of the clerks from relatively autonomous office-holders who earned their

livings from the fees that their offices could generate to salaried employees of a

federal judicial bureaucracy whose work was, and is, subject to a significant amount

of oversight by various agencies of the government. The study emphasizes the clerks’

contributions to judicial administration on a national level, but it provides a framework within which others can reconstruct the role of clerks in individual courts.

Directory of Manuscript Collections Related to Federal Judges, 1789–1997

Federal Judicial History Office

1998, 262 pages

A comprehensive guide to manuscript collections related to federal appellate and

district judges and Supreme Court justices. The directory provides locations and

descriptions of the contents of manuscript holdings in libraries and other public

institutions.

A Guide to the Preservation of Federal Judges’ Papers

Federal Judicial History Office

1996, 83 pages

A publication that discusses the importance of federal judges’ papers as a documentary record of judges’ careers and the work of the federal courts. The guide describes

how students of the federal courts use judges’ papers and offers guidelines for

judges’ selection of a repository to house a collection. The guide also offers recommendations for the management of documents in chambers.
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2002 Federal Judicial Center Catalog of Publications

Creating the Federal Judicial System, Second Edition

Russell R. Wheeler & Cynthia Harrison

1994, 36 pages

The authors explain the provisions of the 1789 Judiciary Act and the compromises

the Act embodies, review the evolution of the federal judicial system during the

nineteenth century, and analyze the conditions and debates that led to the passage

of the Evarts Act in 1891, which established the three-tiered system that characterizes

federal court structure today. The publication includes twelve maps that illustrate

the growth and evolution of the districts and circuits from 1789 to the present.

intellectual property

Patent Law & Practice, Third Edition

Herbert F. Schwartz

2001, 277 pages

An overview of U.S. patent law and practice. The author describes the patent

application process and discusses defenses to and remedies for patent infringement,

providing examples from case law. He also examines the impact of juries on patent

litigation and considers ways in which a court can manage patent jury trials. The

Center provides this publication free to the federal judiciary by arrangement with

the Bureau of National Affairs and the author. The public may purchase copies from

the Bureau of National Affairs.

Copyright Law

Robert A. Gorman

1991, 156 pages

A concise overview of the law of copyright from its origins in the English common

law through recent Supreme Court cases, designed to provide judges with a grounding in the essential concepts and statutory and case law in this specialized area. The

author covers the duration and renewal of copyright, ownership of copyright, and

copyright formalities, as well as jurisdictional and procedural issues and the preemption of state law by federal copyright statutes. He explains the changes brought about

by the Copyright Act of 1976 and its 1989 and 1990 amendments, and he covers

developments in case law through June 1991.

international and foreign law

International Insolvency

Samuel Bufford, Louise DeCarl Adler, Sidney Brooks & Marcia Krieger

2001, 170 pages

A monograph on the law governing insolvency cases with transnational dimensions.

It was written by four bankruptcy judges: Samuel Bufford, Louise DeCarl Adler,

Sidney Brooks, and Marcia Krieger, who are all members of the International Law

Relations Committee of the National Conference of Bankruptcy Judges. The monograph summarizes the statutory and caselaw authority on international insolvency

and covers all aspects of the insolvency process, including distribution of assets,

notice, ancillary proceedings, and venue. It explains the theories of universality and

territoriality, principles of comity, and conflict of laws, and discusses international

conventions, including the North American Free Trade Agreement, the CrossBorder Insolvency Concordat, the UNCITRAL Model Law on Cross-Border Insolvency, and the European Union Regulation on Insolvency Proceedings.

A Primer on the Civil-Law System

James G. Apple & Robert P. Deyling

1995, 70 pages

An overview for judges and lawyers who want to expand their knowledge of the civillaw tradition. The authors discuss the history of the civil-law system, beginning with

the Roman Empire. References are made to the civil-law systems of France, Germany, Chile, and Brazil because of their strong influence on many other systems.

The authors review the basic features of the modern-day civil-law tradition and

compare the civil-law and common-law systems.
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2002 Federal Judicial Center Catalog of Publications

judges and the judiciary

Planning for the Future: Results of a 1992 Federal Judicial Center Survey of

United States Judges

1994, 110 pages

Results from the Center’s 1992 survey of nearly all federal judges on a wide range

of issues of concern to the federal courts. The survey was conducted primarily to

inform the deliberations of the Judicial Conference Committee on Long Range

Planning and to inform the Center’s congressionally mandated study of structural

alternatives for the courts of appeals. (Results of that study were published in 1993

in Structural and Other Alternatives for the Federal Courts of Appeals; see page 4.)

Imposing a Moratorium on the Number of Federal Judges: Analysis of Arguments

and Implications

Gordon Bermant, William W Schwarzer, Edward Sussman & Russell R. Wheeler

1993, 66 pages

An analysis of the arguments for and against imposing a cap on the number of

federal district and circuit judgeships. The authors also discuss the arguments for

“slow growth” and for a steep and immediate growth in the number of judgeships,

proposals that have been put forth by various commentators.

Why Judges Resign: Influences on Federal Judicial Service, 1789 to 1992

Emily Field Van Tassel

1993, 142 pages

Provides a historical perspective on the reasons federal judges have left the bench.

The study focuses on the fewer than 200 judges who, over the last 200 years, resigned

from the bench for stated reasons other than age or health. The Center prepared

the study for the National Commission on Judicial Discipline and Removal.

The Federal Appellate Judiciary in the Twenty-first Century

Cynthia Harrison (ed.)

1989, 277 pages

A collection of essays by scholars and jurists on the future of the federal appeals

courts. The essays are based on presentations given at a conference for the appellate

judiciary held in Washington, D.C., in October 1988.

Judicial Sabbaticals

Ira P. Robbins

1987, 75 pages (available on WESTLAW)

Examines the possible use of sabbatical leave for federal judges as a means of

improving judges’ morale, reducing their job-related stress, and reducing attrition

in their ranks. The author sets out the history of sabbaticals in other fields and

discusses the value of such leave for those, like judges, in high-stress occupations.

Your Honor

Edward J. Devitt

1986, 14 pages

A paper about the responsibilities of being a federal judge, based on an address

given at several Center seminars for newly appointed district judges.

Disqualification of Federal Judges by Peremptory Challenge

Alan J. Chaset

1981, 82 pages (available on WESTLAW)

An analysis of statutory procedures proposed in the early 1980s, and which continue

to arise, that would allow federal litigants to challenge, on a peremptory basis, the

federal judge or magistrate judge assigned to their case. Prepared at the request of

the Judicial Conference Advisory Committee on Criminal Rules, the report discusses

the proposals that have been offered on the federal level, analyzes the procedures

then in effect in seventeen state court systems, and considers the possible administrative consequences of a federal peremptory challenge procedure.
22 www.fjc.gov

2002 Federal Judicial Center Catalog of Publications

Judgeship Creation in the Federal Courts: Options for Reform

Carl Baar

1981, 49 pages

An early review of various procedures used by state legislatures and judiciaries to

create judgeships. In light of those procedures, the author analyzes the federal

judgeship creation process and suggests alternatives to it. These alternatives involve

delegation to the federal judiciary of some portion of the judgeship creation

authority, with appropriate checks to ensure judicial accountability and legislative

control.

judicial conduct and disability

Decentralized Self-Regulation, Accountability, and Judicial Independence Under

the Federal Judicial Conduct and Disability Act of 1980

Jeffrey N. Barr & Thomas E. Willging

142 University of Pennsylvania Law Review 1994 (180 pages)

A report prepared for the National Commission on Judicial Discipline and Removal.

The report is in three parts: (1) a description of the appellate courts’ processes for

handling conduct and disability matters; (2) a discussion of data on the effects of the

Act that the authors collected from interviewing chief circuit judges, circuit executives, and clerks of court, reviewing complaints and orders, and examining statistical

data from the Administrative Office; and (3) a summary of chief circuit judges’

assessments of the value of the Act and suggestions for change.

Judicial Discipline and Removal in the United States

Russell R. Wheeler & A. Leo Levin

1979, 76 pages (available on WESTLAW)

An early review of the origins and development of various formal and informal

means of dealing with judicial unfitness in the state and federal courts, with emphasis on the “commission” system. The authors evaluate various disciplinary mechanisms according to such criteria as effectiveness and protection of judicial independence, and they discuss proposed judicial discipline legislation, prior to enactment

of the Judicial Conduct and Disability Act of 1980.

judicial ethics

Maintaining the Public Trust: Ethics for Federal Judicial Law Clerks

2002, 24 pages

The Center, in cooperation with the Judicial Conference Committee on Codes of

Conduct and the Administrative Office of the U.S. Courts, prepared this pamphlet

to help new law clerks recognize ethical issues and apply appropriate ethical standards. The pamphlet covers confidentiality; conflicts of interest; outside legal activities; dealings with prospective employers; outside professional, social, and community activities; receipt of gifts and honoraria; and political activity. It includes an

ethics checklist for clerks to review with their judges at the start of their clerkships.

Recusal: An Analysis of Case Law Under 28 U.S.C. § 455 and 144

2002

This monograph offers a synthesis and analysis of the case law under 28 U.S.C. § 455

and 144 to assist judges in ruling on recusal. After providing a history of § 455, the

monograph identifies the core principles and recurring issues in the voluminous

case law and examines, in representative cases, how the courts of appeals have

applied these principles. The monograph also covers the application of § 144 and

§ 47, and goes into detail on issues such as timeliness of motions, recusal in bench

trials, standing, and the Rule of Necessity.
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2002 Federal Judicial Center Catalog of Publications

jury instructions

Pattern Criminal Jury Instructions: Report of the Subcommittee on Pattern Jury

Instructions, Committee on the Operation of the Jury System, Judicial Conference

of the United States

1987, 172 pages

A collection of jury instructions covering the elements of common federal offenses

as well as such matters as preliminary instructions, the definition of reasonable

doubt, and evaluation of certain kinds of evidence. The instructions were written

with comprehensibility to laypersons as a primary goal. Appendices written by

Center staff include suggestions for drafters of jury instructions.

jury selection and utilization

Handbook on Jury Use in the Federal District Courts

Jody George, Deirdre Golash & Russell R. Wheeler

1989, 93 pages (available on WESTLAW)

A manual that explains the basic concepts of administering federal juries. It describes statutory requirements, Judicial Conference policies, and various procedures

used in the district courts. Although the handbook is intended primarily for jury

staff, district judges who are assigned to serve as jury judges may find it informative.

Jury Service in Lengthy Civil Trials

Joe S. Cecil, E. Allan Lind & Gordon Bermant

1987, 66 pages (available on WESTLAW)

A comparison of the demographic characteristics and trial experiences of jurors who

served in lengthy civil trials with those of jurors who served in similar trials of shorter

duration. In general, jurors in long trials were found to be less burdened by the

demands of such trials than the authors expected.

Jury Selection Procedures in United States District Courts

Gordon Bermant

1982, 60 pages (available on WESTLAW)

A manual for judges on conducting voir dire and juror challenges. It is based on

descriptions provided by six federal district judges of their individual voir dire

procedures and on observations of voir dire in practice. It offers recommendations

for the conduct of the voir dire examination and juror challenges. Appendices to

the report include juror qualification forms and standard voir dire questions.

The Voir Dire Examination, Juror Challenges, and Adversary Advocacy

Gordon Bermant & John Shapard

1978, 50 pages (available on WESTLAW)

A broad review of the legal and psychological issues presented by the voir dire

examination and subsequent challenges of prospective jurors. The discussion is

organized under four headings: interests, criteria, parameters, and methodology. An

edited version of the paper is contained in The Trial Process (B. D. Sales ed., Plenum

1981).

long range planning

Long-Range Planning for Circuit Councils: Speeches Presented at the Meeting of

the Judicial Council of the Ninth Circuit, May 1992

J. Clifford Wallace, Otto R. Skopil, Jr., William W Schwarzer, Charles W. Nihan &

Russell R. Wheeler

1992, 52 pages

Five articles on long-range planning adapted from papers presented at the Ninth

Circuit’s Judicial Council meeting. The first article, “The Future of the Judicial

Council of the Ninth Circuit—Until 1939,” is an overview of the historical background to the formation of the council. The remaining four outline the importance

of long-range planning for the Ninth Circuit and the rest of the U.S. court system.
24 www.fjc.gov

2002 Federal Judicial Center Catalog of Publications

mass torts

Case Studies of Mass Tort Limited Fund Class Action Settlements and Bankruptcy

Reorganizations

S. Elizabeth Gibson

2000, 244 pages

This is an expanded version of a report that was previously published as Appendix

E of the Report of the Mass Torts Working Group. It evaluates the policy implications

of the processes used in class actions and bankruptcies. It also offers suggestions for

improving approaches to resolving tort claims against businesses that are approaching insolvency.

Individual Characteristics of Mass Torts Case Congregations: A report to the Mass

Torts Working Group (Appendix D)

Thomas E. Willging

1999, 113 pages (available on-line only)

This report, done for the Mass Torts Working Group, appointed in 1998 by the Chief

Justice, organizes and presents information from published sources on about fifty

sets of mass tort litigations involving personal injury and property damage claims.

Information presented includes the shape of the litigation (e.g., individual, class

action, consolidation, etc.), the number and type of parties, the dispersal of cases

in the federal and state systems, the number and types of injuries alleged, the type

of product involved and the evidence of its ability to cause the harm alleged, the

extent of research and testing of the product, the length of any latency period, the

extent of public exposure to the product, and the current status of the litigation. It

is available at www.fjc.gov (and on the courts’ intranet at jnet.fjc.dcn).

Mass Torts Problems and Proposals: A report to the Mass Torts Working Group

(Appendix C)

Thomas E. Willging

1999, 126 pages (available on-line only)

The Mass Torts Working Group, appointed in 1998 by the Chief Justice, asked the

Center to conduct a literature review examining problems related to mass torts and

to discuss proposals for resolving those problems. This report is the result of that

research. It identifies fourteen distinct problems and discusses a variety of casemanagement, legislative, and rule-making proposals to ameliorate those problems.

It is available at 187 F.R.D. 328, or www.fjc.gov (and on the courts’ intranet at

jnet.fjc.dcn).

Mass Tort Settlement Class Actions: Five Case Studies

Jay Tidmarsh

1998, 100 pages

A monograph by Professor Jay Tidmarsh of Notre Dame Law School that examines

five cases in which Fed. R. Civ. P. 23 was used to achieve settlement of a mass tort

controversy.

FJC Directions, No. 8: Reports from the First National Mass Tort Conference

July 1995

Four articles in this issue of FJC Directions are devoted to the November 1994

conference at which more than 175 federal and state judges gathered to analyze

techniques for managing mass tort litigation.

Trends in Asbestos Litigation

Thomas E. Willging

1987, 138 pages (available on WESTLAW)

A report, prepared as asbestos litigation was becoming a growing presence on

federal dockets, based on an intensive study of ten federal district courts with heavy

asbestos caseloads. The author examines both innovative and traditional methods

of handling the asbestos caseload in the federal courts. He makes projections as to

the expected future caseload and compares asbestos cases with other types of toxic

tort litigation. Major topics include assignment systems, standard pretrial procedures, settlement, consolidation and other trial formats, and special burdens on

judges and clerks.
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2002 Federal Judicial Center Catalog of Publications

Asbestos Case Management: Pretrial and Trial Procedures

Thomas E. Willging

1985, 39 pages (available on WESTLAW)

A description of case-management procedures various courts used to facilitate

prompt resolution in asbestos litigation. The report was based on a conference of

federal judges, magistrate judges, and clerks. Among the methods described are use

of standardized pretrial procedures to avoid duplication of effort, use of calendaring

systems to establish firm and credible trial dates, and consolidation of cases for trial

to conserve judicial time.

see also complex litigation; class action litigation;

evidence; expert witnesses

opinion writing and legal writing

Judicial Writing Manual

1991, 41 pages

The Center has prepared this manual to help judges organize opinions and improve

their opinion writing. Drawing on interviews with twenty-four experienced judges,

and guided by a board of editors comprising judges, law professors, and writers, the

manual offers advice on writing tailored to the needs of the federal judiciary.

Appellate Opinion Writing

Edward D. Re

1975, 17 pages

A discussion of three aspects of opinion writing: preliminary considerations; the

anatomy of the opinion; and peripheral matters such as citations, quotations, and

the use of footnotes.

orientation for district judges

Programs and Materials for New District Judges

2000, 16 pages

A pamphlet describing programs and materials available to newly appointed district

judges that supplement the Center’s orientation programs. The outline is designed

to assist courts in planning their in-court orientation and to help newly appointed

judges find information for supplemental orientation.

prisoner litigation

Resource Guide for Managing Prisoner Civil Rights Litigation with Special

Emphasis on the Prison Litigation Reform Act

1996, 172 pages

A resource for federal judges, pro se law clerks, and others in the courts who manage

prisoner pro se litigation. The guide builds on an earlier Center report, Recommended

Procedures for Handling Prisoner Civil Rights Cases in the Federal Courts (rev. 1980), while

reflecting statutory changes and federal court experience in the sixteen years since

that report was published. The guide describes provisions of the Prison Litigation

Reform Act, enacted in April 1996, and how they are likely to affect widespread

practices. Illustrative case-management forms are included in the appendix.
26 www.fjc.gov

2002 Federal Judicial Center Catalog of Publications

pro se litigation

FJC Directions, No. 9: Special Issue on Pro Se Litigation

June 1996

Articles in this issue of FJC Directions describe federal courts’ experiences with pro

se actions. Included are an analysis of data from a Center study of nearly 60,000 pro

se cases filed in ten district courts, a report on the District of Nevada’s use of early

case-evaluation telephonic hearings for prisoner pro se civil rights complaints, and

discussions of developments in videoconferencing and other types of telecommunications for pretrial proceedings and trials.

probation and pretrial services—offender

populations

Special Needs Offenders Bulletin

(available on-line only)

The Center has produced a series of bulletins on specific categories of offenders,

which accompanied Federal Judicial Television Network (FJTN) broadcasts and are

available at www.fjc.gov (and on the courts’ intranet at jnet.fjc.dcn). The public can

purchase videotapes of these broadcasts from the National Technical Information

Service at www.NTIS.gov.

No. 1: Street Gangs

Dennise Orlando-Morningstar

August 1997, 16 pages

Provides national statistics on the number, membership, organization, and types of

gangs and their impact on cities and police departments. Describes the relationship

of gang membership and criminal activity, the intelligence-gathering role of federal

law enforcement agencies, and federal law providing for the prosecution of individuals who have committed gang-related offenses. Also highlighted are why gangs exist

and how to identify gang members.

No. 2: Prison Gangs

Dennise Orlando-Morningstar

October 1997, 12 pages

Describes security threat groups in U.S. prisons, gang alliances, prison gang organization, identifying markers, and gang activities outside prison. Also discussed are

investigation and supervision, the intelligence-gathering role of federal law enforcement agencies, and BOP requirements for citation of gang membership in presentence and dispositional reports.

No. 3: Sex Offenders

Dennise Orlando-Morningstar

September 1998, 20 pages

Defines “sex offender,” clinical definitions of paraphilia and pedophilia, sex offender characteristics, and sex offender treatment. It provides information on state

sex offender registration and community notification laws. Treatment and supervision tools, risk assessment, investigation issues, conditions of supervision, and effectiveness of treatment are highlighted.

No. 4: Reducing Risk through Employment and Education

Mark Sherman

January 2000, 12 pages

Discusses the increasing number of defendants and offenders in the federal criminal

justice system with limited job skills and education. It includes a supervision model

for this population and highlights literacy and cognitive skills assessment, referral

and coordination of services, and relevant BOP educational and employment programs. In-house job assistance and life-skills programs in federal districts, ways to

overcome resistance to supervision, and ways of mitigating life skills-related conflict

are discussed.
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2002 Federal Judicial Center Catalog of Publications

No. 5: Introduction to Cyber Crime

Mark Sherman

August 2000, 16 pages

Describes the challenges to the federal judiciary posed by cyber crime, answers the

question “What is cyber crime?,” describes basic computer components, and contains a cyber crime sentencing job aid and cyber crime FAQs. Also included are

suggested investigation questions, a matrix of conventional and cyber-specific supervision conditions, resources for technical assistance and training, and a glossary of

cyber terminology.

No. 6: White Collar Crime

Mark Sherman

February 2001, 16 pages

Describes the challenges to the federal judiciary posed by complex white-collar

crime. Explains what white-collar crime is and who commits it, characteristics of

individual offenders, issues and tools for investigation and supervision, badges of

fraud, organizational sentencing, supervision techniques, and resources for technical assistance. Job aids include questions for self-employed defendants and offenders, an investigation/supervision checklist, interviewing techniques, and tips for

supervising complex organizations.

No. 7: Women Offenders and Their Children

Mark Sherman

September 2001, 19 pages

Describes investigation, sentencing, and supervision unique to federal women defendants and offenders — particularly those with young children. It provides statistics on women in the federal criminal justice system, including those under postsentence supervision. Relevant sentencing guidelines, institutional recommendation by the court, special conditions, the effect of criminal activity on receipt of

welfare benefits, and use of community resources are highlighted. Job aids include

a checklist of special conditions considerations, a listing of BOP programs for female

offenders, and a supervision planning checklist.

probation and pretrial services—offender

populations—substance abuse

The Impact of the Federal Drug Aftercare Program

James B. Eaglin

1986, 119 pages

The findings of a study of supervision outcomes for a sample of 1,000 offenders who

entered the aftercare program for drug-dependent federal offenders from July 1,

1982, to June 30, 1983. The report includes sixty-three tables of data from the study.

A Process-Descriptive Study of the Drug Aftercare Program for Drug-Dependent

Federal Offenders

James B. Eaglin

1984, 124 pages

The preliminary report of the Center’s multiphase effort to document the effects of

the Probation Division’s aftercare program for drug-dependent federal offenders.

The author reviews the operation of the program in a sample of ten probation

districts. He describes the program’s general approach; various characteristics of

offenders in the program; services planned for and received by offenders; and

adjustment experiences of offenders in aftercare, including resumed or continued

drug use, new arrests and convictions, and technical violations.
28 www.fjc.gov

2002 Federal Judicial Center Catalog of Publications

research in the courts

Studying the Role of Gender in the Federal Courts: A Research Guide

Molly Treadway Johnson

1995, 224 pages

A research guide on how to do social science research, how to avoid the common

pitfalls of analyzing data in a policy-charged environment, and how to work with

social scientists who might provide assistance to courts. Although its emphasis is

studying the role of gender, the guide will be helpful to those seeking a general

introduction to social science methods used in related inquiries.

rules—federal rulemaking

Past and Potential Uses of Empirical Research in Civil Rulemaking

Thomas E. Willging

Notre Dame Law Review, May 2002

This article describes some of the advantages, disadvantages, potential benefits, and

limitations of conducting empirical research to inform the civil rulemaking process.

The article documents and analyzes the impact of fourteen Center studies during

the last fourteen years in response to specific requests from rulemakers who wished

to examine empirical data relevant to contemplated changes in the Federal Rules

of Civil Procedure.

Survey on the Federal Rules of Bankruptcy Procedure

Elizabeth C. Wiggins, Molly Treadway Johnson, Gregory A. Mahin & Robert J.

Niemic

1996, 56 pages

A report of the results of a Center survey of participants in the bankruptcy system

concerning their views of the Bankruptcy Rules and related forms. The Long-Range

Planning Subcommittee of the Judicial Conference Committee on Bankruptcy

Rules requested the survey as part of a comprehensive review of the rules to

determine whether they should be modified.

see also case management—civil; class action litigation;

discovery and disclosure; evidence; sanctions; settlement

sanctions

Report of a Survey Concerning Rule 11, Federal Rules of Civil Procedure

John Shapard, George Cort, Marie Cordisco, Thomas Willging, Elizabeth Wiggins

& Kim McLaurin

1995, 15 pages

A report of the results of a Center survey that sought federal trial attorneys’ and

federal district judges’ views of the effects of Rule 11 before 1993, the effects of

amendments to Rule 11 that became effective December 1, 1993, and the merits of

proposals that would in large measure reverse the 1993 amendments. The results

suggest that a majority of respondents generally oppose the proposed changes to

Rule 11, with one exception: a majority believe that the purpose of Rule 11 sanctions

should encompass compensation of parties injured by violations of Rule 11 as well

as deterrence of such violations.

FJC Directions, No. 2: Special Issue on Rule 11

November 1991

Centered around a study undertaken by the Center to assess the operation and

impact of Fed. R. Civ. P. 11, this issue of FJC Directions describes Rule 11 activity in

the federal courts, answers central questions about use of the rule, reports judges’

assessments of the rule, and outlines proposed changes to the rule. Included is the

text of an amended Rule 11 proposed by the Judicial Conference Advisory Committee on Civil Rules.
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2002 Federal Judicial Center Catalog of Publications

The Rule 11 Sanctioning Process

Thomas E. Willging

1988, 200 pages (available on WESTLAW)

A report that discusses the possible chilling effects and potential for creating satellite

litigation of Federal Rule of Civil Procedure 11 (before the 1993 amendment that

increased judges’ discretion as to imposing sanctions). It also discusses the nature

and adequacy of procedures used to implement the rule. The report is based on

interviews with judges and lawyers in eight districts. The author describes his

methodology and reports his empirical findings.

An Empirical Study of Rule 11 Sanctions

Saul M. Kassin

1985, 81 pages (available on WESTLAW)

The results of a survey of 292 federal district judges concerning how they interpret

and apply the 1983 amendments to Federal Rule of Civil Procedure 11 (before the

1993 amendments). Based on the judges’ hypothetical reactions to actual cases in

which Rule 11 sanctions were requested, the study outlines the judges’ standards and

rationales for imposing sanctions, the kinds of sanctions imposed, and the relationship between the judges’ opinions and their expectations of how their colleagues

would rule on the same issues.

securities law and litigation

Federal Securities Law

Thomas Lee Hazen

1993, 115 pages

An introduction to the intricacies of federal securities law. The author focuses on the

issues that federal judges are most likely to encounter in litigation: basic registration,

disclosure, and antifraud provisions.

sentencing

Guideline Sentencing Update

A newsletter with brief descriptions of cases, intended to inform judges and other

judicial branch personnel of selected federal court decisions on the sentencing

reform legislation of 1984 and 1987 and the Sentencing Guidelines. Guideline

Sentencing Update is digested in Guideline Sentencing: An Outline of Appellate Case Law

on Selected Issues (see below). It is available at www.fjc.gov (and on the courts’ intranet

at jnet.fjc.dcn).

Guideline Sentencing: An Outline of Appellate Case Law on Selected Issues

Jefri Wood

September 2000, 484 pages

A cumulative outline of issues covered in Guideline Sentencing Update.

U.S. Sentencing Guidelines: Results of the Federal Judicial Center’s 1996

Survey—Report to the Committee on Criminal Law of the Judicial Conference of

the United States

Molly Treadway Johnson & Scott A. Gilbert

1997, 122 pages

Report on a survey that the Center undertook at the request of the Committee on

Criminal Law of the Judicial Conference of the United States of all district and

circuit judges and chief probation officers regarding their experiences with and

views of the Federal Sentencing Guidelines. Overall, responses did not reflect a

groundswell of support for major overhaul of the Sentencing Guidelines. In general,

chief probation officers were less supportive of change to the current guideline

sentencing system than were judges.
30 www.fjc.gov

2002 Federal Judicial Center Catalog of Publications

The Consequences of Mandatory Minimum Prison Terms: A Summary of Recent

Findings

Barbara S. Vincent & Paul J. Hofer

1994, 35 pages

Using a growing body of data and scholarly research, this report examines whether

federal mandatory minimum sentencing statutes have been successful in achieving

the purposes of punishment. The authors suggest that the mandatory minimums

may compromise the basic fairness and integrity of the federal criminal justice

system and that their benefits could be better achieved through application of the

Sentencing Guidelines.

The General Effect of Mandatory Minimum Prison Terms: A Longitudinal Study

of Federal Sentences Imposed

Barbara Meierhoefer

1992, 29 pages

A report that examines the sentences imposed on federal offenders from 1984

through the first six months of 1990, a time during which the federal Sentencing

Guidelines were promulgated and numerous mandatory minimum sentencing statutes were enacted. The report presents an overview of sentencing for the whole

population, as well as a detailed analysis of mandatory minimum drug offenders over

time, including the proportion who are sentenced at or above the mandatory

minimum term and the changing influence of a number of offense and offender

characteristics, such as prior record, role in the offense, age, sex, and race.

Sentencing Federal Offenders for Crimes Committed Before November 1, 1987

James B. Eaglin

1991, 78 pages

An update of a 1985 revised Center publication describing the statutory federal

sentencing alternatives for offenders convicted of crimes committed before the

effective date of the U.S. Sentencing Commission’s Sentencing Guidelines. The

report relates sentencing alternatives to policies of the agencies that carry out the

sentences, such as the Federal Bureau of Prisons and the Parole Commission. The

report includes limited comparisons of old and new law.

Home Confinement: An Evolving Sanction in the Federal Criminal Justice System

Paul J. Hofer & Barbara Meierhoefer

1987, 75 pages (available on WESTLAW)

An evaluation of home confinement as an alternative to imprisonment in the federal

system. The authors examined selection procedures and criteria, types of monitoring, the role of probation officers, and other elements of home confinement

programs. They reviewed the role of home confinement within traditional models

of sentencing as well as the likely impact of the 1984 Sentencing Reform Act (which

took effect after the report was written) on the availability of home confinement as

a sentencing tool.

The Effects of Sentencing Councils on Sentencing Disparity

1981, 16 pages

A report on the effects of sentencing councils on sentencing disparity in four district

courts. (Sentencing councils were used before the 1984 Sentencing Reform Act in

an effort to reduce unwarranted sentencing disparity.) The report concludes that

the effect of introducing a sentencing council into a court cannot be predicted

without knowledge of many court characteristics; that sentencing councils can either

reduce or increase sentencing disparity, depending on the characteristics of the

court; and that sentencing councils can polarize sentencing attitudes.
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2002 Federal Judicial Center Catalog of Publications

An Evaluation of the Probable Impact of Selected Proposals for Imposing

Mandatory Minimum Sentences in the Federal Courts

James Eaglin & Anthony Partridge

1977, 83 pages

A comparison of sentencing practices in fiscal 1976 with sentencing proposals

offered in the second session of the 95th Congress. The authors conclude that few

sentences imposed by federal judges would conflict with the legislative proposals,

except those in the opiate, bank robbery, and aggravated assault offense categories.

see also probation and pretrial services

settlement

Likely Consequences of Amendments to Rule 68, Federal Rules of Civil Procedure

John E. Shapard

1995, 72 pages

A report that uses trial attorneys’ responses to a Center survey concerning 800

federal civil cases in assessing then proposed amendments to Fed. R. Civ. P. 68 to

make it more effective in encouraging settlement and reducing litigation. The

results indicate that a more effective Rule 68 would be well received by most

attorneys and would likely influence litigation in about 50% of civil cases, resulting

in more and earlier settlements at reduced expense and with limited effects for

litigants of modest means.

Settlement Strategies for Federal District Judges

D. Marie Provine

1986, 103 pages (available on WESTLAW)

A discussion of various techniques for settlement, such as judicial mediation, courtannexed arbitration, the use of special masters, summary jury trials, minitrials, and

settlement conferences conducted by magistrate judges. The report is based on a

conference of judges experienced in different types of settlement, interviews with

court personnel, and literature in the field.

see also alternative dispute resolution

special masters

Special Masters’ Incidence and Activity: A Report to the Judicial Conference’s

Advisory Committee on Civil Rules and Its Subcommittee on Special Masters

Thomas E. Willging, Laural L. Hooper, Marie Leary, Dean Miletich, Robert

Timothy Reagan & John Shapard

2000, 125 pages

The Special Masters’ Subcommittee of the Advisory Committee on Civil Rules of the

Judicial Conference asked the Center to examine how often judges appointed

special masters and what functions they asked masters to perform. This report

documents the incidence of recent special master consideration and appointment.

The authors found that such activity was rare and occurred primarily in high-stakes

cases that were especially complex. Party initiative, consent, or acquiescence provided the foundation for appointments and the basis for authorizing activities not

contemplated by Rule 53. The subcommittee used the report along with other

information in framing a proposed revision of Rule 53 that was published in August

2001.

see also evidence
32 www.fjc.gov

2002 Federal Judicial Center Catalog of Publications

speedy trial

Legislative History of Title I of the Speedy Trial Act of 1974

Anthony Partridge

1980, 384 pages

A research aid for those engaged in interpreting the Speedy Trial Act. Excerpts from

congressional hearing records and committee reports are arranged according to the

sections of the statute to which they pertain. Materials related to both the original

enactment and the 1979 amendments are included. The book contains the full text

of Title I as it appeared in successive versions of the bill as well as an introductory

essay about the genesis and development of the act.

stare decisis

Stare Decisis

Edward D. Re

1975, 21 pages

An exploration of the doctrine of precedent in the judicial process.

state–federal judicial relationships

Manual for Cooperation Between State and Federal Courts

James G. Apple, Paula L. Hannaford & G. Thomas Munsterman

1997, 248 pages

published jointly by the Federal Judicial Center, the National Center for State

Courts & the State Justice Institute

This manual seeks to promote cooperation between state and federal courts and

provides many practical ways of doing so. It contains examples of practical steps state

and federal judges and courts can take to save resources through sharing or other

means, to avoid scheduling or other conflicts that adversely affect court operations

and the bar, and plan programs and other services that benefit both judiciaries. This

manual also includes sample forms that provide the means to these ends.

FJC Directions, No. 5: Special State–Federal Issue

August 1993

This issue of FJC Directions provides highlights of the papers presented at the

National Conference on State–Federal Judicial Relationships, held in April 1992,

and of the discussions the papers prompted. Included are summaries of participants’ ideas, of the keynote address, and of panel commentary on the address; a

discussion of planning using the National Judicial Council of State and Federal

Courts; results of a survey on state–federal administrative cooperation nationwide.

voting rights

Redistricting Litigation: An Overview of Legal, Statistical, and Case-Management

Issues

Bruce M. Clarke & Robert Timothy Reagan

2002, 71 pages

This monograph consists of an overview of the law of redistricting, a summary of

statistical techniques frequently used in redistricting litigation, and a discussion of

some of the major case-management challenges presented by such cases. The legal

overview focuses on Voting Rights Act, Equal Protection Clause, and one person-one

vote cases. The Center prepared this monograph as a resource for judges assigned

cases challenging legislative redistricting plans developed in response to the 2000

census.
www.fjc.gov 33

2002 Federal Judicial Center Catalog of Publications

index of authors

Louise DeCarl Adler, 20

James G. Apple, 20, 32

Eric V. Armen, 11

Carl Baar, 22

Thomas E. Baker, 18

Jeffrey N. Barr, 22

David Barrans, 9

Gordon Bermant, 2, 3, 6, 10,

18, 21, 23

Karen M. Blum, 12

Sidney Brooks, 20

Samuel Bufford, 20

Daniel J. Capra, 16

Joe S. Cecil, 7, 8, 10, 13, 17, 23

Alan J. Chaset, 10, 21

Mary Clark, 7

Bruce M. Clarke, 32

Paul R. Connolly, 10, 15

Marie Cordisco, 28

George Cort, 14, 28

Edward J. Devitt, 21

Robert P. Deyling, 20

C. R. Douglas, 10

Carol E. Drew, 9

Philip L. Dubois, 13

James B. Eaglin, 7, 27, 30, 31

William B. Eldridge, 11

Steven Flanders, 10, 12, 14

Jody George, 23

S. Elizabeth Gibson, 6, 24

Scott A. Gilbert, 29

Deirdre Golash, 23

Jerry Goldman, 8

Robert A. Gorman, 20

J. Michael Greenwood, 14

Paula L. Hannaford, 32

Cynthia Harrison, 20, 21

Steven Hartwell, 3

Thomas Lee Hazen, 29

Alan Hirsch, 4, 9, 19

Paul J. Hofer, 30

Edith A. Holleman, 15

Laural L. Hooper, 4, 7, 12, 17, 31

Julie Horney, 14

M.-Daniel Jacoubovitch, 3, 14

Molly Treadway Johnson, 5, 7, 9,

17, 28, 29

Arlene Jorgensen, 6

Saul M. Kassin, 29

Robert A. Katzmann, 8

Aaron Kerry, 6

Carol Krafka, 3, 5, 10, 17

Marcia Krieger, 20

Michael J. Kuhlman, 15

Marie Leary, 4, 31

A. Leo Levin, 22

E. Allan Lind, 3, 8, 10, 23

Patricia A. Lombard, 9, 10, 14

Genevra Kay Loveland, 14

Frances B. Lowenstein, 14

John W. Macy, Jr., 11

Gregory A. Mahin, 28

A. Fletcher Mangum, 18

Jennifer Evans Marsh, 9

John T. McDermott, 12, 14

Judith A. McKenna, 4, 5, 7

Kim McLaurin, 28

Barbara Meierhoefer, 3, 11, 30

see also Barbara S. Vincent

I. Scott Messinger, 19

Dean P. Miletich, 9, 15, 31

Carl M. Moore, 3

G. Thomas Munsterman, 32

Robert J. Niemic, 2, 12, 28

Charles W. Nihan, 13, 23

Dennise Orlando-Morningstar, 26

Anthony Partridge, 2, 8, 18, 31, 32

Elizabeth Plapinger, 2

D. Marie Provine, 31

David Rauma, 3, 9, 14

Randall E. Ravitz, 2

Edward D. Re, 25, 32

Robert Timothy Reagan, 31, 32

Ira P. Robbins, 21

George Rutherglen, 16

Herbert F. Schwartz, 20

William W Schwarzer, 9, 19, 21, 23

Carroll Seron, 15

John E. Shapard, 3, 5, 11, 15, 23,

28, 31

Diane Sheehey, 4

Mark Sherman, 26, 27

Otto R. Skopil, Jr., 23

Judy B. Sloan, 6

Donna Stienstra, 2, 3, 7, 8, 9, 14, 15

Edward Sussman, 21

Jay Tidmarsh, 24

Alan J. Tomkins, 4

Michael Tonry, 8

Kathryn R. Urbonya, 12

Emily Field Van Tassel, 21

Barbara S. Vincent, 30

see also Barbara Meierhoefer

Donald S. Voorhees, 14

J. Clifford Wallace, 23

Elizabeth Warren, 6

Nancy A. Weeks, 4

Nancy E. Weiss, 19

Russell R. Wheeler, 13, 14, 18, 19,

20, 21, 22, 23

Elizabeth C. Wiggins, 5, 6, 10, 28

Thomas E. Willging, 3, 4, 5, 9, 12,

15, 17, 22, 24, 25, 28, 29, 31

Jefri Wood, 29
34 www.fjc.gov

2002 Federal Judicial Center Catalog of Publications

index of titles

Administering the Federal Judicial Circuits: A Survey of Chief Judges’ Approaches

and Procedures, 13

Administration of Justice in a Large Appellate Court: The Ninth Circuit

Innovations Project, 13

Administrative Structures in Large District Courts, 13

ADR and Settlement in the Federal District Courts: A Sourcebook for Judges and

Lawyers, 2

Advisory Committee Notes to the Federal Rules of Evidence That May Require

Clarification, 16

Alternative Dispute Resolution in a Bankruptcy Court: The Mediation Program in

the Southern District of California, 3

Alternative Structures for Bankruptcy Appeals, 5

Alternatives to Litigation: Do They Have a Place in the Federal District Courts?, 3

Analysis and Decision of Summary Judgment Motions: A Monograph on Rule 56

of the Federal Rules of Civil Procedure, 9

Annual Reports, 1969–2001, 17

Appellate Opinion Writing, 25

Asbestos Case Management: Pretrial and Trial Procedures, 25

Attorney Fee Petitions: Suggestions for Administration and Management, 4

Attorneys’ Views of Local Rules Limiting Interrogatories, 15

Auctioning the Role of Class Counsel in Class Action Cases: A Descriptive

Study , 4

Awarding Attorneys’ Fees and Managing Fee Litigation, 4

Bail Reform Act of 1984, Second Edition, 14

Bankruptcy Appellate Panels: The Ninth Circuit’s Experience, 6

Benchbook for U.S. District Court Judges, Fourth Edition, 15

Budgetary Impact of Possible Changes in Diversity Jurisdiction, 18

Business Bankruptcy, 6

Case Law Divergence from the Federal Rules of Evidence, 16

Case Management and Court Management in United States District Courts, 10

Case Management Procedures in the Federal Courts of Appeals, 7

Case Studies of Mass Tort Limited Fund Class Action Settlements and Bankruptcy

Reorganizations, 24

Caseload Experiences of the District Courts from 1972 to 1983: A Preliminary

Analysis, 11

Catalog of Audiovisual Media Productions, 11

Chambers Handbook for Judges’ Law Clerks and Secretaries, 15

Chapter 11 Venue Choice by Large Public Companies: A Report to the Judicial

Conference Committee on the Administration of the Bankruptcy System, 6

Civil Justice Reform Act Expense and Delay Reduction Plans: A Sourcebook, 9

Civil Litigation Management Manual, 8

Comparative Evaluation of Stenographic and Audiotape Methods for United

States District Court Reporting, 14

Conducting Job Interviews: A Guide for Federal Judges, 15

Conference on Assessing the Effects of Legislation on the Workload of the Courts:

Papers and Proceedings, 18

Consequences of Mandatory Minimum Prison Terms: A Summary of Recent

Findings, 30

Copyright Law, 20

Court-Annexed Arbitration in Ten District Courts, 3

Court-Appointed Experts, 17

Court-Appointed Experts: Defining the Role of Experts Appointed Under Federal

Rule of Evidence 706, 17

Creating the Federal Judicial System, Second Edition, 20

Day in the Life: The Federal Judicial Center’s 1988–1989 Bankruptcy Court Time

Study, 10

Decentralized Self-Regulation, Accountability, and Judicial Independence Under

the Federal Judicial Conduct and Disability Act of 1980, 22

Deciding Cases Without Argument: A Description of Procedures in the Courts of

Appeals, 8
www.fjc.gov 35

2002 Federal Judicial Center Catalog of Publications

Deciding Cases Without Argument: An Examination of Four Courts of Appeals, 8

Deskbook for Chief Judges of U.S. District Courts, Second Edition, 13

Digital Audio Recording Technology: A Report on a Pilot Project in Twelve

Federal Courts, 14

Directory of Manuscript Collections Related to Federal Judges, 1789–1997, 19

Discovery and Disclosure Practice, Problems, and Proposals for Change:

A Case-based National Survey of Counsel in Closed Federal Civil Cases., 15

Disqualification of Federal Judges by Peremptory Challenge, 21

District Court Caseload Forecasting: An Executive Summary, 11

District Court Executive Pilot Program: A Report on the Preliminary Experience

in Five Federal Courts, 11

Effective Use of Courtroom Technology: A Judge’s Guide to Pretrial and Trial, 5

Effects of Sentencing Councils on Sentencing Disparity, 30

Electronic Media Coverage of Federal Civil Proceedings: An Evaluation of the

Pilot Program in Six District Courts and Two Courts of Appeals, 5

Empirical Research and the Politics of Judicial Administration: Creating the

Federal Judicial Center, 18

Empirical Study of Class Actions in Four Federal District Courts: Final Report to

the Advisory Committee on Civil Rules, 12

Empirical Study of Rule 11 Sanctions, 29

Evaluation of Court-Annexed Arbitration in Three Federal District Courts, 3

Evaluation of the Civil Appeals Management Plan: An Experiment in Judicial

Administration, 8

Evaluation of the Probable Impact of Selected Proposals for Imposing Mandatory

Minimum Sentences in the Federal Courts, 31

Experimentation in the Law: Report of the Federal Judicial Center Advisory

Committee on Experimentation in the Law, 16

Expert Testimony in Federal Civil Trials: A Preliminary Analysis, 17

Federal Appellate Judiciary in the Twenty-first Century, 21

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, 18

Federal Securities Law, 29

First Decade of the Circuit Court Executive: An Evaluation, 11

FJC Directions (1991–1996), 17

FJC Directions, No. 2: Special Issue on Rule 11, 28

FJC Directions, No. 5: Special State–Federal Issue, 32

FJC Directions, No. 7: Alternative Dispute Resolution, 3

FJC Directions, No. 8: Reports from the First National Mass Tort Conference, 24

FJC Directions, No. 9: Special Issue on Pro Se Litigation, 26

General Effect of Mandatory Minimum Prison Terms: A Longitudinal Study of

Federal Sentences Imposed, 30

Guide to Judicial Management of Cases in ADR, 2

Guide to the Judicial Management of Bankruptcy Mega-Cases, 6

Guide to the Preservation of Federal Judges’ Papers, 19

Guideline Sentencing Update, 29

Guideline Sentencing: An Outline of Appellate Case Law on Selected Issues, 29

Handbook on Jury Use in the Federal District Courts, 23

Home Confinement: An Evolving Sanction in the Federal Criminal Justice

System, 30

Impact of the Circuit Executive Act, 12

Impact of the Federal Drug Aftercare Program, 27

Implementing and Evaluating the Chapter 7 Filing Fee Waiver Program: Report to

the Committee on the Administration of the Bankruptcy System, 6

Imposing a Moratorium on the Number of Federal Judges: Analysis of Arguments

and Implications, 21

Individual Characteristics of Mass Torts Case Congregations: A report to the Mass

Torts Working Group (Appendix D), 24

Influence of Rules Respecting Recovery of Attorneys’ Fees on Settlement of Civil

Cases, 5

International Insolvency, 20
36 www.fjc.gov

2002 Federal Judicial Center Catalog of Publications

Joint Trial Calendars in the Western District of Missouri, 7

Judgeship Creation in the Federal Courts: Options for Reform, 22

Judicial Controls and the Civil Litigative Process: Discovery, 15

Judicial Controls and the Civil Litigative Process: Motions, 10

Judicial Discipline and Removal in the United States, 22

Judicial Federalism in Action: Coordination of Litigation in State and Federal

Courts, 19

Judicial Regulation of Attorneys’ Fees: Beginning the Process at Pretrial, 5

Judicial Sabbaticals, 21

Judicial Writing Manual, 25

Jury Selection Procedures in United States District Courts, 23

Jury Service in Lengthy Civil Trials, 23

Legislative History of Title I of the Speedy Trial Act of 1974, 32

Likely Consequences of Amendments to Rule 68, Federal Rules of Civil

Procedure, 31

Long-Range Planning for Circuit Councils: Speeches Presented at the Meeting of

the Judicial Council of the Ninth Circuit, May 1992, 23

Maintaining the Public Trust: Ethics for Federal Judicial Law Clerks, 22

Major Issues in the Federal Law of Employment Discrimination, Third Edition, 16

Managing Appeals in Federal Courts, 8

Manual for Complex Litigation, Third, 12

Manual for Cooperation Between State and Federal Courts, 32

Manual on Recurring Problems in Criminal Trials, Fifth Edition, 14

Mass Tort Settlement Class Actions: Five Case Studies, 24

Mass Torts Problems and Proposals: A report to the Mass Torts Working Group

(Appendix C) , 24

Mediation and Conference Programs in the Federal Courts of Appeals: A

Sourcebook for Judges and Lawyers, 2

Mediation in Bankruptcy, The Federal Judicial Center Survey of Mediation

Participants: Report to the Advisory Committee on Bankruptcy Rules, 2

Neutral Science Panels: Two Examples of Panels of Court-Appointed Experts in

the Breast Implants Product Liability Litigation, 17

1981 Bankruptcy Court Time Study, 11

No. 1: Street Gangs, 26

No. 2: Prison Gangs, 26

No. 3: Sex Offenders, 26

No. 4: Reducing Risk through Employment and Education, 26

No. 5: Introduction to Cyber Crime, 27

No. 6: White Collar Crime, 27

No. 7: Women Offenders and Their Children, 27

On the Federalization of the Administration of Civil and Criminal Justice, 19

Operation of the Federal Judicial Councils, 14

Order in the Courts: A History of the Federal Court Clerk’s Office, 19

Origins of the Elements of Federal Court Governance, 13

Past and Potential Uses of Empirical Research in Civil Rulemaking, 28

Patent Law & Practice, Third Edition, 20

Pattern Criminal Jury Instructions: Report of the Subcommittee on Pattern Jury

Instructions, Committee on the Operation of the Jury System, Judicial

Conference of the United States, 23

Planning for the Future: Results of a 1992 Federal Judicial Center Survey of

United States Judges, 21

Pre-Argument Conference Program in the Sixth Circuit Court of Appeals, 7

Primer on the Civil-Law System, 20

Primer on the Jurisdiction of the U.S. Courts of Appeals, 18

Process-Descriptive Study of the Drug Aftercare Program for Drug-Dependent

Federal Offenders, 27

Programs and Materials for New District Judges, 25

Protracted Civil Trials: Views from the Bench and the Bar, 10

Quality of Advocacy in the Federal Courts: A Report to the Committee of the

Judicial Conference of the United States to Consider Standards for Admission

to Practice in the Federal Courts, 2

Recusal: An Analysis of Case Law Under 28 U.S.C. § 455 and 144, 22
www.fjc.gov 37

2002 Federal Judicial Center Catalog of Publications

Redistricting Litigation: An Overview of Legal, Statistical, and Case-Management

Issues, 32

Reevaluation of the Civil Appeals Management Plan, 8

Reference Manual on Scientific Evidence, Second Edition, 16

Report of a Survey Concerning Rule 11, Federal Rules of Civil Procedure, 28

Report to the Judicial Conference Committee on Court Administration and Case

Management: A Study of the Five Demonstration Programs Established Under

the Civil Justice Reform Act of 1990, 9

Resource Guide for Managing Capital Cases, Vol. 1: Federal Death Penalty

Trials, 7

Resource Guide for Managing Prisoner Civil Rights Litigation with Special

Emphasis on the Prison Litigation Reform Act, 25

Role of Staff Attorneys and Face-to-Face Conferencing in Non-Argument

Decisionmaking: A View from the Tenth Circuit Court of Appeals, 7

Rule 11 Sanctioning Process, 29

Section 1983 Litigation, 12

Sentencing Federal Offenders for Crimes Committed Before November 1,

1987, 30

Settlement Strategies for Federal District Judges, 31

Special Masters’ Incidence and Activity: A Report to the Judicial Conference’s

Advisory Committee on Civil Rules and Its Subcommittee on Special

Masters, 31

Special Needs Offenders Bulletin, 26

Stalking the Increase in the Rate of Federal Civil Appeals, 10

Stare Decisis, 32

Structural and Other Alternatives for the Federal Courts of Appeals, 4

Studying the Role of Gender in the Federal Courts: A Research Guide, 28

Summary Judgment Practice in Three District Courts, 10

Summary Jury Trials in the Northern District of Ohio, 3

Survey on the Federal Rules of Bankruptcy Procedure, 28

Taxation of Attorneys’ Fees: Practices in English, Alaskan, and Federal Courts, 4

Template for Chief Circuit Judges’ Deskbooks, 13

Trends in Asbestos Litigation, 24

U.S. Sentencing Guidelines: Results of the Federal Judicial Center’s 1996 Survey—

Report to the Committee on Criminal Law of the Judicial Conference of the

United States, 29

Use of Expert Testimony, Specialized Decision Makers, and Case-Management

Innovations in the National Vaccine Injury Compensation Program, 9

Use of Rule 12(b)(6) in Two Federal District Courts, 9

Use of Visiting Judges in the Federal District Courts: A Guide for Judges and Court

Personnel, 9

Voir Dire Examination, Juror Challenges, and Adversary Advocacy, 23

Voluntary Arbitration in Eight Federal District Courts: An Evaluation, 3

Why Judges Resign: Influences on Federal Judicial Service, 1789 to 1992, 21

Your Honor, 21
federal judicial center publication order form

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Fax your order to the Federal Judicial Center’s Information Services Office at

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The Federal Judicial Center

Board

The Chief Justice of the United States, Chair

Senior Judge Pierre N. Leval, U.S. Court of Appeals for the Second Circuit

Judge Pauline Newman, U.S. Court of Appeals for the Federal Circuit

Chief Judge Jean C. Hamilton, U.S. District Court

for the Eastern District of Missouri

Senior Judge Robert J. Bryan, U.S. District Court

for the Western District of Washington

Judge William H. Yohn, Jr., U.S. District Court

for the Eastern District of Pennsylvania

Chief Judge Robert F. Hershner, Jr., U.S. Bankruptcy Court

for the Middle District of Georgia

Magistrate Judge Robert B. Collings, U.S. District Court

for the District of Massachusetts

Leonidas Ralph Mecham, Director of the

Administrative Office of the U.S. Courts

Director

Judge Fern M. Smith

Deputy Director

Russell R. Wheeler

About the Federal Judicial Center

The Federal Judicial Center is the research and education agency of the federal

judicial system. It was established by Congress in 1967 (28 U.S.C. §§ 620–629), on

the recommendation of the Judicial Conference of the United States.

By statute, the Chief Justice of the United States chairs the Center’s Board, which

also includes the director of the Administrative Office of the U.S. Courts and seven

judges elected by the Judicial Conference.

The Director’s Office is responsible for the Center’s overall management and its

relations with other organizations. Its Systems Innovation & Development Office

provides technical support for Center education and research. Communications

Policy & Design edits, produces, and distributes all Center print and electronic

publications, operates the Federal Judicial Television Network, and through the

Information Services Office maintains a specialized library collection of materials on

judicial administration.

The Judicial Education Division develops and administers education programs

and services for judges, career court attorneys, and federal defender office personnel. These include orientation seminars, continuing education programs, and special-focus workshops. The Interjudicial Affairs Office provides information about

judicial improvement to judges and others of foreign countries, and identifies

international legal developments of importance to personnel of the federal courts.

The Court Education Division develops and administers education and training

programs and services for nonjudicial court personnel, such as those in clerks’

offices and probation and pretrial services offices, and management training programs for court teams of judges and managers.

The Research Division undertakes empirical and exploratory research on federal

judicial processes, court management, and sentencing and its consequences, often

at the request of the Judicial Conference and its committees, the courts themselves,

or other groups in the federal system. The Federal Judicial History Office develops

programs relating to the history of the judicial branch and assists courts with their

own judicial history programs.
Federal Judicial Center

Thurgood Marshall Federal Judiciary Building

One Columbus Circle, N.E.

Washington DC 20002-8003

www.fjc.gov