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Certiorari in the Roberts Court [PDF]
SSRN Electronic Journal, 2022 Certiorari—the process by which the Supreme Court sets its docket—is a mystery. The Supreme Court’s rules explain that it may hear any sufficiently “important” case—a standard that seems hopelessly vague. In previous work, I tried to bring some coherence
Tejas N. Narechania
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Revista de Investigações Constitucionais, 2020 This paper exploring the writ of certiorari in the United States Constitutional Law is the second of the series “Constitutional Law Around the Globe”.
Luiz Henrique Diniz Araújo
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Comment on “Judicial Choice among Cases for Certiorari” [PDF]
Supreme Court Economic Review, 2019 In “Judicial Choice among Cases for Certiorari,” Álvaro Bustos and Tonja Jacobi develop a newmodel to investigate the Supreme Court’s grant of certiorari. Themodel focuses onwhich case the Court should select to make new law. Should the Court hear a case
Scott Baker
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Certiorari, Universality, and a Patent Puzzle
Michigan Law Review, 2018 The most important determinant of a case’s chances for Supreme Court review is a circuit split: If two courts of appeals have decided the same issue differently, review is substantially more likely. But practically every appeal in a patent case makes its way to a single court—the Court of Appeals for the Federal Circuit.
Tejas N. Narechania
semanticscholar +5 more sources
Certiorari and the Local Board [PDF]
California Law Review, 1941 T HAS long been established by decisions of the California Supreme Court that the writ of certiorari lies in proper cases to review determinations made by local administrative boards and officers. This contrasts with the recent holding that the same writ cannot be used to obtain judicial review of the determinations of state-wide administrative ...
S. Elliott
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SSRN Electronic Journal, 2021 The Supreme Court has wide discretion to choose the cases it will decide. These choices matter, as they both shape and are shaped by our national social, political, and economic discourse. So how does the Court exercise its discretion? The Supreme Court’s rules explain that it may hear any case “important” enough for it to decide.
Tejas N. Narechania
openaire +4 more sources
Certiorari Through the Backdoor? The Judgment by the European Court of Human Rights in Burmych and Others v. Ukraine in Perspective [PDF]
The Law & Practice of International Courts and Tribunals, 2018 In its Burmych and Others v. Ukraine judgment of October 2017 the European Court of Human Rights dismissed more than 12,000 applications due to the fact that they were not only repetitive in nature, but also mutatis mutandis identical to applications ...
Geir Ulfstein, Andreas Zimmermann
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U.S. Supreme Court Denies Certiorari in Habeas Case Brought by Guantánamo Bay Detainee Challenging His Continuing Detention [PDF]
American Journal of International Law, 2019 On June 10, 2019, the Supreme Court denied certiorari in a case in which the D.C. Circuit held that the United States could continue to detain an individual at Guantánamo Bay until the cessation of the hostilities that justified his initial detention ...
J. Galbraith
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Judicial Choice Among Cases for Certiorari [PDF]
SSRN Electronic Journal, 2016 How does the Supreme Court choose among cases to grant cert? In a model with a strategic Supreme Court, a continuum of rule-following lower courts, a set of potential cases for revision, and a dist...
Bustos Donoso, Álvaro, Jacobi, Tonja
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Revista de Administración PúblicaEl recurso de amparo constitucional y el recurso contencioso-administrativo son dos historias de éxito que, a causa de este, se encuentran hoy en una situación de grave dificultad que el legislador ha querido resolver inspirándose en el certiorari ...
Tomás-Ramón Fernández
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