Length of Time from Nomination to Confirmation for U.S. Circuit and District Court Nominees: Overview and Policy Options to Shorten the Process

Length of Time from Nomination to Confirmation for U.S. Circuit and District Court Nominees: Overview and Policy Options to Shorten the Process

Date: November 20, 2013
Creator: McMillion, Barry J.
Description: This report seeks to inform the current debate over the nomination and confirmation for U.S. circuit and district court nominees in three ways: first, by providing an overview of the time taken by the Senate during recent presidencies to confirm U.S. circuit and district court nominees; second, by identifying potential consequences of a protracted confirmation process for such nominees; and third, by identifying policy options the Senate might consider to shorten the length of time from nomination to confirmation for U.S. circuit and district court nominees.
Contributing Partner: UNT Libraries Government Documents Department
Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Date: January 24, 2006
Creator: Cohen, Henry
Description: In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys’ fees of the prevailing party. The major common law exception authorizes federal courts (not agencies) to order a losing party that acts in bad faith to pay the prevailing party’s fees. This report discusses the Equal Access to Justice Act (EAJA), which makes the United States liable for attorneys’ fees of up to $125 per hour in many court cases and administrative proceedings that it loses (and some that it wins) and fails to prove that its position was substantially justified.
Contributing Partner: UNT Libraries Government Documents Department
U.S. Supreme Court Nominee Samuel A. Alito and the Abortion Opinions of the U.S. Court of Appeals for the Third Circuit

U.S. Supreme Court Nominee Samuel A. Alito and the Abortion Opinions of the U.S. Court of Appeals for the Third Circuit

Date: December 16, 2005
Creator: Shimabukuro, Jon O
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Congress’s Power Under the Commerce Clause: The Impact of Recent Court Decisions

Congress’s Power Under the Commerce Clause: The Impact of Recent Court Decisions

Date: June 23, 2004
Creator: Tatelman, Todd B
Description: This report will first review the current Supreme Court case law with respect to the Commerce Clause. Second, it will examine the analysis used and the results of the three lower court opinions. Finally, two areas of tension that appear to exist within the Court’s jurisprudence, and the potential implications that resolution of these conflicts may have on congressional power under the Commerce Clause will be examined.
Contributing Partner: UNT Libraries Government Documents Department
Legislative Initiatives to Temporarily Relocate Federal Courts Interrupted by Natural or Man-Made Disasters, 109th Congress

Legislative Initiatives to Temporarily Relocate Federal Courts Interrupted by Natural or Man-Made Disasters, 109th Congress

Date: September 8, 2005
Creator: Petersen, R. Eric
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Date: June 20, 2008
Creator: Cohen, Henry
Description: In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party. There are roughly two hundred statutory exceptions, which were generally enacted to encourage private litigation to implement public policy.
Contributing Partner: UNT Libraries Government Documents Department
President Bush's Judicial Nominations During the 101st and 102nd Congresses

President Bush's Judicial Nominations During the 101st and 102nd Congresses

Date: March 29, 1993
Creator: Rutkus, Denis Steven
Description: There are ten categories of courts (including the local courts of the District of Columbia) to which the President nominates judges. The report provides background and statistics concerning President Bush's judicial nominations in each court category as well as actions taken on those nominations by the United States Senate. Each of the report's ten sections discusses the composition and jurisdiction of the court in question and notes the committee to which nominations to this court were referred when received by the Senate. Also, statistics on judicial nominations received by the Senate during the four years of the Bush Presidency are presented.
Contributing Partner: UNT Libraries Government Documents Department
Statutory Interpretation: General Principles and Recent Trends

Statutory Interpretation: General Principles and Recent Trends

Date: August 31, 2008
Creator: Kim, Yule
Description: The Supreme Court has expressed an interest "that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts." This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court's methodology in construing statutory text, the Court's approach to reliance on legislative history are also briefly described.
Contributing Partner: UNT Libraries Government Documents Department
Role of Home State Senators in the Selection of Lower Federal Court Judges

Role of Home State Senators in the Selection of Lower Federal Court Judges

Date: November 10, 2010
Creator: Rutkus, Denis Steven
Description: This report examines the role played by Senators in the selection of nominees to two kinds of lower federal court judgeships. Specifically, the judgeships in question, over which Senators have historically played a role in nominee selection, are those (1) in the U.S. district courts lying geographically within the Senators' states and (2) in the U.S. court of appeals circuits of which the Senators' states are a geographic part. This report also discusses several historical and ethical aspects related to Senators recommending judicial candidates.
Contributing Partner: UNT Libraries Government Documents Department
Nominations to Article III Lower Courts by President George W. Bush During the 110th Congress

Nominations to Article III Lower Courts by President George W. Bush During the 110th Congress

Date: October 20, 2008
Creator: Rutkus, Denis Steven & Bearden, Maureen
Description: This report tracks nominations made by President George W. Bush to judgeships on the U.S. courts of appeals, the U.S. district courts, and the U.S. Court of International Trade — the lower courts on which, pursuant to Article III of the Constitution, judges serve "during good Behaviour." It lists and keeps count of all nominations made to these courts during the 110th Congress, including pertinent actions taken by the Senate Judiciary Committee and the full Senate. It also tracks the number of judicial vacancies on the courts (including vacancies classified by the federal judiciary as "judicial emergencies"), the number of nominations pending to fill the vacancies, and the names of the pending nominees. It presents the number of persons nominated by President Bush to each category of lower Article III court during his entire presidency (breaking down each total to show the number confirmed, pending, returned and not re-nominated, and withdrawn). Last, it provides tabular and graphical comparisons of President Bush's lower court nominee statistics with those of the four Presidents who immediately preceded him.
Contributing Partner: UNT Libraries Government Documents Department
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