Word: circuited
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Dates: during 1970-1979
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...company to welsh on seniority requirements for promotion, agreements that had been spelled out in union contracts. The unions' main target was the threat to their seniority preference plans, not other elements of affirmative action. Their claim was rejected in the spring of 1977 by the Third Circuit Court of Appeals. The Supreme Court last week refused to review that decision...
...brought challenging the federal program that establishes goals for employment of minorities by federal contractors. In the case of Weber vs. Kaiser Aluminum, an applicant sued Kaiser and his union for excluding him from a job-training program in which half the openings were reserved for minorities. The Fifth Circuit Court of Appeals ruled in Weber's favor...
...Philadelphia Plan," which provided for goals and timetables in minority recruitment in the Philadelphia building trades. The Contractors Association of Eastern Pennsylvania sued, charging that the plan was an unconstitutional quota system and that it violated the Title VII ban on discriminatory hiring. Not so, ruled the Third Circuit Court of Appeals in 1971, upholding the President's power to attack discrimination through use of preferential remedies. "Clearly the Philadelphia Plan is color-conscious," wrote Judge John Gibbons, but to strike the scheme down under Title VII the court "would have to attribute to Congress the intention to freeze...
...celerity of the Second Circuit is so far unique among U.S. appeals courts, it is not because other judges have not explored new ways of clearing their dockets. On the West Coast, the Ninth Circuit has experimented with efficiency controls. But its sheer geographic size-it runs from Arizona to Alaska to Guam-makes uniform procedure difficult to impose and spreads the circuit's 13 judges thin. The Fifth, which covers many Southern states, is the busiest of the circuits, handling almost 30% of all federal appeals. Fifth judges have taken even more draconian time-saving measures than...
Many judicial reformers see more judges as the answer to judicial overload. Judge Kaufman's nine-judge circuit has had help from eight semiretired senior judges. But, says Kaufman, "Nothing irritates me more than to hear that the sole 'cure' is more judges. Of course there should be more, but they should be judges who know something about the dynamics of litigation and how to streamline the process." Given the Second's enviable efficiency, few will dissent...