The Future of the Federal Judiciary

Abstract

This article surveys major power issues facing the federal judiciary in the Twenty-First Century. Professor Little organizes these issues around the following concepts: the prospect of a burgeoning docket, competing models for judicial exercise of power, congressional control of the federal judiciary, and the efficacy and appeal of federal remedies for social problems. The article discusses the Long Range Plan for the Federal Courts adopted in December 1995 by the Judicial Conference of the United States and proposes reasons why the nightmare projections in the Long Range Plan may never become actual.

Note: Professor Little delivered the text of this article as a speech before the plenary session of the Judicial Conference of the Third Circuit in May 1997.