The Federal Courts: Crisis and Reform can be viewed as not one but two "books." "Book I" (pp. 1-192), which reflects Judge Posner's well-known commitment to the interplay of law and economics, adds to the literature on the explosive and unremitting growth of litigation in the inferior federal courts during the last quarter-century. Noting this situation with alarm, Judge Posner seeks to identify the dimensions of the "crisis," to evaluate some current proposals for reform, and to advance some of his own. “Book II” (pp. 192-340) is quite different. Considerably less reliant upon law and economics, it addresses the substance of appellate judging, from its craft aspects to the principles that should guide judges as they develop federal common law and as they interpret the Constitution and federal statutes.
Henry P. Monaghan,
Taking Bureaucracy Seriously,
Harv. L. Rev.
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