National Court of Appeals: An Analysis of Viewpoints, The
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Authors
Hruska, Roman L.
Issue Date
1976
Volume
9
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The past several years have been witness to a great national debate on the desirability of creating a new court within the federal judicial system. This proposed court has most commonly been described as a National Court of Appeals. Legal literature has been enriched as jurists, scholars and students have explored questions of need, function, and the constraints of constitutional provisions. With the recent introduction of a bill on this subject, the debate, it can be predicted with confidence, will continue unabated. At least two significant differences, however, may be projected: first, the debate will move to a new forum, a legislative forum, as Congressional committees and subcommittees schedule hearings and begin the process of painstaking deliberation. Second, with a precise proposal set forth in the text of a draft statute, one may expect more sharply focused comment relevant to the bill itself or to profferred amendments. Theoretical objections heretofore pressed with vigor will be seen to have been obviated, while specific alternatives will be found to require fresh analysis and evaluation. With legislation pending, it becomes appropriate to consider its genesis, the specific needs it is designed to meet, and the manner in which it is designed to meet them...
Description
Citation
9 Creighton L. Rev. 286 (1975-1976)
Publisher
Creighton University School of Law