Document Type

Article

Publication Title

Brigham Young University Law Review

Abstract

It has been suggested that Congress should alleviate the federal court docket crisis by establishing a series of specialized courts with limited jurisdiction over particular areas. Specialization courts, in theory, enable the judiciary to meet the US' adjudication needs effectively and may even produce benefits of its own. However, the specialized court proposal is not without its problems. Since the jurisdiction of the court must be narrow and defined with precision, the judges would get a parochial view of the legal landscape that could lead to distorted decision making. Problems can be minimized through the choice of specialty fields and by implementing the strategy with care. Specialization should be used only when there is some public consensus on the policies underlying the law that the special tribunal administers.

First Page

377

Volume

1990

Publication Date

1990

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