Just, Speedy, and Inexpensive? An Evaluation of Judicial Case Management Under the CJRA

Kakalik, James S.; Dunworth, Terence; Hill, Laural A.; McCaffrey, Daniel F.; Oshiro, Marian; Pace, Nicholas M.; Vaiana, Mary E.

doi:10.7249/rb9027

Cited by 6 publications

(4 citation statements)

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“…14 For example, Miranda and Lerner (1995) found a negative relationship between the percentage of services that a local government contracts out and local government expenditure levels. Kakalik (1997) found that alternative dispute resolution was not related to time to disposition of legal cases. Bowditch (1993) found relationships between school policies and procedures and the use of suspensions, transfers, and involuntary drops to get rid of students labeled as troublemakers.…”

Section: Does Governance Matter?mentioning

confidence: 94%

Is Hierarchical Governance in Decline? Evidence from Empirical Research

Hill

Lynn

2004

Journal of Public Administration Research and Theory

192

115

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The growing acceptance of ''governance'' as an organizing concept for public management reform reflects a widespread, though not universal, belief that the focus of administrative practice is shifting from hierarchical government toward greater reliance on horizontal, hybridized, and associational forms of governance. Recent arguments to this effect, however, make limited recourse to the body of empirical evidence that might shed light on the actual extent of this transformation. In this article we report on our review of over eight hundred individual research studies in order to assess what we know about governance based on available empirical evidence across a range of disciplines and substantive fields. We find that hierarchical investigations of the nature and consequences of governmental action predominate in the literature. We supplement this primary finding with additional analyses of research on performance and on public management. We then discuss possible reasons for the observed hierarchical orientation of research. While we cannot rule out the possibility that our findings reflect researchers' biases rather than actual governance, we infer that the shifts away from hierarchical government toward horizontal governing reflect instead a gradual addition of new administrative forms that facilitate governance within a system of constitutional authority that is necessarily hierarchical. In conclusion, we propose additional research that might confirm or refute this inference and that could fill the gaps of our understanding of public governance.

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Section: Does Governance Matter?mentioning

confidence: 94%

Is Hierarchical Governance in Decline? Evidence from Empirical Research

Hill

Lynn

2004

Journal of Public Administration Research and Theory

192

115

View full text Add to dashboard Cite

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“…On the former point, it seems clear that prior to 1875-and to some extent even after-the federal courts used diversity jurisdiction to enforce claims and defenses based on federal law, sometimes in suits involving state officials (Woolhandler 1997).81 Moreover, to a lesser extent the lower courts asserted federal authority and enforced national policy in exercising their admiralty jurisdiction, relatively speaking a more important jurisdiction prior to the Civil War than subsequently (Freyer and Dixon 1995, 31-36;Morris 1987, 16-18, 63-64).82 On the latter point, recent histories confirm that private law diversity actions continued to dominate most federal dockets until at least World War I (e.g., Zelden 1993, 60;Couch 1984, 36;Solomon 1981, 76;Hall and Rise 1991, 145;Freyer and Dixon 1995, 207) and that they remained a major category of federal litigation throughout the twentieth century (Hall and Rise 1991, 146;Zelden 1993, 193-94;Couch 1984, 108-9). Moreover, the idea of diversity jurisdiction as a broad, vibrant, and essential tool of American nationalism found one of its greatest Kakalik et al 1996a;1996b;1996c;1996d). For a statistical historical analysis of the changing federal caseload, see Clark 1981. 81.…”

Section: A "Growth" and "Transformation" Reconsideredmentioning

confidence: 99%

Reconsidering the Frankfurterian Paradigm: Reflections on Histories of Lower Federal Courts

Purcell¹

1999

Law soc. inq.

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The past two decades have witnessed a growing interest in the history of the federal courts. Kermit Hall, who has done as much as anyone to spur that interest, rightly noted only a few years ago that "the activities of the lower federal courts in the United States have only begun to receive the attention they deserve" (Hall and Rise 1991, ix). Recently, however, dozens of works have appeared,' and the next decades will surely produce many more. It seems a useful time to take stock. The basic reasons for the new interest in the history of the federal courts seem fairly obvious. As a general matter, historians across the board have turned toward varieties of social history that explore everyday life and local institutions in delimited areas,2 while legal history as a specialized field

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“…Illustrating the complexity of the problem are four volumes produced by the Rand Corporation attempting to evaluate the impact of the Civil Justice Reform Act of 1990. See Kakalik et al 1996a;1996b;1996c;1996d). For a statistical historical analysis of the changing federal caseload, see Clark 1981. 81.…”

Section: A "Growth" and "Transformation" Reconsideredmentioning

confidence: 99%

Reconsidering the Frankfurterian Paradigm: Reflections on Histories of Lower Federal Courts

Purcell

1999

SSRN Journal

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Just, Speedy, and Inexpensive? An Evaluation of Judicial Case Management Under the CJRA

Cited by 6 publications

References 0 publications

Is Hierarchical Governance in Decline? Evidence from Empirical Research

Is Hierarchical Governance in Decline? Evidence from Empirical Research

Reconsidering the Frankfurterian Paradigm: Reflections on Histories of Lower Federal Courts

Reconsidering the Frankfurterian Paradigm: Reflections on Histories of Lower Federal Courts

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