Current Issue

Commentators have often lamented the burgeoning caseload in the U.S. Courts of Appeals and the consequences thereof. Given that additional judgeships are not forthcoming from Congress, the circuits have established…

Alone among the circuit courts of appeals, the Ninth Circuit’s judges do not sit together as a full bench when rehearing a case en banc. Rather, the court’s en banc…

This Article will explore various facets of the decision to review a case en banc. Specifically, the Article addresses whether the votes of the entire circuit on whether to en…

The controversy over the Ninth Circuit’s reversal rate illustrates several features of interest in the functioning of appellate courts. This Article explores the arguments behind the possible sources of the…

There is a perception held by many politicians, legal commentators, and journalists that the country’s largest court of appeals is a bastion of liberalism run amok. This Essay suggests that…

This Note focuses on the second part of the protection that the Constitution offers private property holders: that the taking must be for a public use. This Note primarily posits…