Current Issue

Disaggregating the diversification of the prestigious U.S. Courts of Appeals, with a particular focus on the highly diverse Ninth Circuit in comparison to its sisters, is the primary purpose of…

The focus of this Article is to evaluate a central question in the debate over judicial selection, including nominations to the Ninth Circuit: Do judges make decisions that are consistent…

The author, who has worked at the Ninth Circuit since 1979, reflects on what changes she has seen and on what the challenges have been, continue to be, and may…

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…