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The New Certiorari Game [PDF]

open access: possibleThe 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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The “Odd Party Out” Theory of Certiorari

The Journal of Politics, 2020
Whether 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 S. Chilton, Maya Sen, Adam Bonica
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The Future of Certiorari

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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Writ of Certiorari and Right to Legal Remedy [PDF]

open access: possibleSSRN Electronic Journal, 2013
A writ of Certiorari can be issued for correcting errors of jurisdiction committed by inferior courts or tribunals; where orders are passed by inferior courts or tribunals without Jurisdiction, or is in excess of it, or as a result of failure to exercise jurisdiction.
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The History and Institutions of the Writ of Certiorari

2014
The 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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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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