Toward a Unified Theory of the Jurisdiction of the United States Courts of Appeals Symposium on Federal Judicial Power 39 DePaul Law Review 1989-1990

39 DePaul L. Rev. 235 (1989-1990)
Toward a Unified Theory of the Jurisdiction of the United States Courts of Appeals

handle is hein.journals/deplr39 and id is 245 raw text is: TOWARD A UNIFIED THEORY OF THE JURISDICTION
OF THE UNITED STATES COURTS OF APPEALS*
Thomas E. Baker**
I. INTRODUCTION, BACKGROUND, AND OVERVIEW
A. Purpose
A unified theory is one which explains a phenomenon once and for all.
A grand unified theory of the universe, for example, would explain its origin
and its end, and everything in between. My reader should take an immediate
cue from my title that I mean this Article only as a preliminary step towards
a unified theory of the jurisdiction of the United States Courts of Appeals.
My purpose then is to provide an introduction to the complexities and
nuances within the subject matter jurisdiction of the United States Courts
of Appeals. This Article is organized into seven parts. Part I provides a
brief introduction, background, and overview. Part II canvasses the proce-
dures related to the exercise of subject matter jurisdiction. The discussion
of civil appeals is divided into two parts: Part III deals with appeals from
final judgments and Part IV deals with interlocutory appeals. Extraordinary
writs are covered in Part V. Criminal appeals are the subject of Part VI.
Part VII summarizes appellate review of the decisions of federal administra-
tive agencies.
B. A Brief History of the Courts of Appeals
Any study of the federal courts or their jurisdiction must begin with a
historical perspective.' More particularly, the major historical stages of the
federal court system have been reflected in the creation and the reforms of
* This Article is a product of a study undertaken in furtherance of the Federal Judicial
Center's statutory mission to conduct and stimulate research and development on matters of
judicial administration. The analysis, conclusions, and points of view are those of the author.
On matters of policy, the Center speaks only through its Board. The full monograph, entitled,
A PRIMER ON THE JURISDICTION OF THE U. S. COURTS OF APPEALS, is available from the Federal
Judicial Center.
** Professor of Law, Texas Tech University; B.S., cum laude, 1974, Florida State Uni-
versity; J.D., with high honors, 1977, University of Florida.
The author gratefully acknowledges the support of a research grant from the Texas Tech
University School of Law which enabled this adaptation. The research assistance of the De
Paul Law Review likewise is gratefully appreciated.
1. See generally E. SURRENCY, HISTORY OF THE FEDERAL COURTS (1987).

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