Improving the Process: Case Selection by the Supreme Court

Improving the Process: Case Selection by the Supreme Court

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We have produced elsewhere our empirical assessment of the case for a new national court of appeals or intercircuit tribunal, concluding on the basis of a study of all the cases granted and denied review by the Supreme Court during the 1982 term that the data do not support creation of a new tier of appellate review interposed between the present courts of appeals and the Supreme Court. We do not propose to retrace that ground here. We do believe, however, that whether or not new courts are ultimately established, there are several reforms that should be put in place to enable the justices to manage better their scarce decisional resources. Most of the reforms we propose here could be effected by the justices themselves; one or two would require congressional action. Each would enable the Court to perform its managerial functions better and to fulfill its role as articulator of authoritative and uniform federal law.

Source Publication

Judicial Politics: Readings from Judicature

Source Editors/Authors

Elliot E. Slotnick

Publication Date

1992

Edition

1

Improving the Process: Case Selection by the Supreme Court

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