Overview

Although the thirteen United States Courts of Appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these Courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics, but by many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each Court of Appeals. In-depth interviews of the Chief Judges of all thirteen circuits and surveys of all Clerks of Court reveal previously undisclosed practices and customs.

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9781009426183

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Reviews

'This book, authored by an eminent federal circuit judge and an expert academic, fills a conspicuous void when it comes to understanding how our federal appellate courts work in practice. Long overdue, it provides a blueprint for both the legal practitioner and those interested in learning more about the practical considerations that define appellate advocacy. On my bookshelf for sure.' Kenneth R. Feinberg, Esq., former Administrator of the September 11, Victim Compensation Fund 'The judicial administration 'dream team' of Judge Jon O. Newman and Duke Law Professor Marin K. Levy have discovered and described the written and unwritten practices and customs of the nation's 13 courts of appeals. Appellate lawyers, judges, and scholars will be delighted to have this compilation of practices and customs, many of which vary considerably from circuit to circuit.' David F. Levi, Dean Emeritus, Duke University Law School, and former President, American Law Institute 'The book means that lawyers can more readily find out how to present their cases in different circuits. It means that the judges of different circuits can far more easily learn how their counterparts elsewhere in the federal system organize the judicial appellate task. And it means knowledge will bring about improvement as judges in each circuit learn how others handle similar problems. The result: a judicial system that works better for those whom it serves.' Stephen Breyer, US Supreme Court (retired) from the Foreword

Author Information

Jon O. Newman is a senior United States Circuit Judge of the U.S. Court of Appeals for the Second Circuit. Newman, a former Chief Judge, is the 2016 recipient of the Devitt Award, the federal judiciary's highest honor. Newman is the author of Benched, a memoir, scores of law review articles, and co-author of A Genealogical Chart of Greek Mythology with Harold Newman. Marin K. Levy is a Professor of Law at Duke Law School. Levy's work on the federal courts and judicial administration has been published in the Yale Law Journal, University of Chicago Law Review, University of Pennsylvania Law Review, and California Law Review, among other scholarly journals, and has been discussed in The New York Times, Washington Post, Atlantic, and other public outlets. Levy has also testified before Congress and the Presidential Commission on the Supreme Court of the United States, and is a member of the American Law Institute.

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