Abstract:
In Rationing Justice on Appeal: The Problems of the U.S. Courts of Appeals, Professor Baker demonstrates that the explosion in the federal appellate caseload has overburdened the courts and that reform of the system is needed. While numerous cures have been suggested, from increasing the number of judges to creating specialized courts, none have made the case that they can fix the system. The one repair that might aid the courts, limiting subject matter jurisdiction, is itself impossible, ruled out by the lack of a political will to implement it. Judge Jones notes that the book’s “encyclopedic scope, succinctness, and readability have my utmost admiration.” The work delivers a good history of the expansion of federal jurisdiction, discusses the judicial actions that have been taken to make the expanding caseload manageable, considers potential legislative reforms, and provides a survey of the effects of the crisis. Throughout, it treats virtually every argument on the subject in detail.