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Petition for Writ of Certiorari, Gallagher v. Diocese of Palm Beach, Inc.
, 2019 Leslie C. Griffin, Marci A. Hamilton
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The “Odd Party Out” Theory of Certiorari
The Journal of Politics, 2020Whether and why the Supreme Court agrees to hear cases is among the most important—and well studied—topics in American politics. However, existing theories have overlooked a key player: the advocates. We develop and test a new theory that explicitly incorporates advocates in explaining which cases the Supreme Court is likely to accept. Specifically, we
Adam Bonica, Adam S. Chilton, Maya Sen
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The Cambridge Law Journal, 1958
Complaints have often been made about the pitfalls of certiorari as a remedy in administrative law. The reports of recent years have been rich in decisions on its scope, and some of them have brought welcome clarification. But others have been bewildering, so much so that the courts themselves have now begun to encourage litigants to abandon certiorari
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Complaints have often been made about the pitfalls of certiorari as a remedy in administrative law. The reports of recent years have been rich in decisions on its scope, and some of them have brought welcome clarification. But others have been bewildering, so much so that the courts themselves have now begun to encourage litigants to abandon certiorari
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The Journal of Politics, 1979
TWENTY YEARS AGO political scientist Glendon Schubert introduced the Certiorari Game." Schubert examined the Federal Employees' Liability evidentiary cases from the 1942 to 1948 terms of the Supreme Court. He found that a bloc of four justices (Black, Douglas, Murphy, Rutledge), by voting for certiorari when the Court of Appeals had reversed a District
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TWENTY YEARS AGO political scientist Glendon Schubert introduced the Certiorari Game." Schubert examined the Federal Employees' Liability evidentiary cases from the 1942 to 1948 terms of the Supreme Court. He found that a bloc of four justices (Black, Douglas, Murphy, Rutledge), by voting for certiorari when the Court of Appeals had reversed a District
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The History and Institutions of the Writ of Certiorari
2014The origins of a Writ of Certiorari are in British law. The goal of this judicial institution was to guarantee justice. A superior court could issue such a writ to review a decision made in a lower court. The issuance of such a brief was done on a discretionary basis, with no requirement on the part of the superior court to justify such an action ...
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Certiorari and Compliance in the Judicial Hierarchy
Journal of Theoretical Politics, 2003I develop a formal model of the interaction between auditing by the Supreme Court (certiorari) and compliance by the lower courts, presenting three challenges to the existing literature. First, I show that even discretionary certiorari (the Court can choose which cases to hear) only goes so far in inducing compliance.
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Certiorari Through the Backdoor?
2018In its Burmych and Others v. Ukraine judgment of October 2017 the European Court of Human Rights has dismissed more than 12.000 applications due to the fact that given that they were not only repetitive in nature, but also mutatis mutandis identical to applications covered by a previous pilot judgment rendered against Ukraine.
Ulfstein, Geir +1 more
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The Privy Council, Natural Justice and Certiorari
Federal Law Review, 1967‘Natural justice’ is one of the key concepts in our legal system. The concept has been employed to ensure fair adjudication, not only by courts in the strict sense, but also by a vast range of administrative tribunals, bodies and officials that have power to affect the rights of individuals.‘Natural justice’, to English and Australian lawyers ...
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