Sup. Ct. R. 10(a) (2013); see also Tom Cummins & Adam Aft, Appellate Review, 2 J.L.: Periodical Laboratory of Leg. Scholarship 59, 60 (2012) (discussing definition of the term "circuit split").
Tom Cummins & Adam Aft, Appellate Review, 2 J.L.: Periodical Laboratory of Leg. Scholarship 59 (2012).
Arthur March Brown, Comity in the Fed. Courts, 28 Harv. L. Rev. 589, 590 (1915) ("Each District Court is independent of every other District Court, each Circuit Court of Appeals of every other Circuit Court of Appeals.").
Amanda Frost, Overvaluing Uniformity, 94 Va. L. Rev. 1567, 1578 (2008) (arguing that "nonuniformity has too often been given priority at the expense of other values").
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See New State Ice Co. v. Liebmann, 285U.S.262, 311 (1932) (Brandeis, J., dissenting) ("It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.").
Testimony of Justice Van Devanter, Hearings before Subcomm. of Sen. Comm. on Judiciary, 68th Cong., 1st Sess., at 29-30 (1924); see also Wright v. North Carolina, 415U.S.936, cert. den. (Douglas, J., dissenting).
Wright v. North Carolina, 415U.S.936, cert. den. (Douglas, J., dissenting) ("We are, of course, the only source of resolution for this conflict and it is our obligation to provide uniformity on such important federal constitutional questions.").
See, e.g. Markman v. Westview Instruments, Inc., 517U.S.370 (1996) (discussing formation of the Court of Appeals for the Federal Circuit).
See, e.g. Markman v. Westview Instruments, Inc., 517U.S.370 (1996) (discussing economic consequences of creating the Federal Circuit as a specialized tribunal).
Compare United States v. Moran, 503 F.3d 1135 (10th Cir. 2007) with Gaddis v. Redford, 364 F.3d 763 (6th Cir. 2007)), cert. denied, 553U.S.1035 (2008).
Compare Al-Amin v. Smith, 511 F.3d 1317 (11th Cir.), cert. denied, 555U.S.820 (2008) with Brewer v. Wilkinson, 3 F.3d 816 (5th Cir. 1993), cert. denied, 510U.S.1123 (1994).
Ruth Bader Ginsburg, An Overview of Court Review for Constitutionality in the United States, 57 La. L. Rev. 1019, 1021 (1997) ("With some notable exceptions . . . federal courts are not specialized tribunals; typically, they are generalist courts, and none of their members sit, as continental judges do, in sections divided by subject matter.").
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Chad Flanders, Toward a Theory of Persuasive Authority, 62 Okla. L. Rev. 55, 77 (2009) ("[T]he fact that a court in a different circuit has ruled one way does not mean that all the circuits have to rule that way; indeed, even if every other court has ruled one way, this does not mandate the outcome for the remaining circuit.").
Sup. Ct. R. 10(a) (2013); see also Tom Cummins & Adam Aft, Appellate Review, 2 J.L.: Periodical Laboratory of Leg. Scholarship 59, 60 (2012) (discussing definition of the term "circuit split").
Stephen L. Wasby, Intercircuit Conflicts in the Courts of Appeals, 63 Mont. L. Rev. 119, 140 (2002) (internal citations and quotations omitted) (noting that Goodwin "always took the view that we should not hesitate to create splits if we thoughtfully and carefully concluded that [another] Circuit was wrong").
