I am not aware of any other circuit that employs panels.  The former Fifth
Circuit sat en banc with all 24 judges present for arguments.  Even after
Congress created the Eleventh Circuit, the former Fifth Circuit reconvened
en banc one last time to hear arguments in two cases that it previously
had heard en banc that were gvr'd by the Supreme Court.


Michael R. Masinter                     3305 College Avenue
Nova Southeastern University            Fort Lauderdale, Fl. 33314
Shepard Broad Law Center                (954) 262-6151
[EMAIL PROTECTED]                       Chair, ACLU of Florida Legal Panel

On Fri, 19 Sep 2003, Michael Zimmer wrote:

> Now that the Ninth Circuit has announced it will hear the case en banc,
> with oral arguments, I have a question:  Do any other circuits have an en
> banc procedure using a panel system rather than the whole court?  If they
> do, does that mean there is a tendency to grant more en banc petitions (on
> the assumption that the transaction costs for the court are lower than if
> all the judges participated)?
>
> Michael J. Zimmer
> Seton Hall Law School
> One Newark Center
> Newark, NJ 07102
> 973.642.8833
> [EMAIL PROTECTED]
>
>

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