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Writ of Certiorari as a Means of Ensuring Centralization of Diffuse Constitutional Review

Rossijskoe pravosudie
The article examines the current state of the US Supreme Court in the context of global trends in constitutional review models. It focuses on the significant changes in the Court’s powers, particularly the gradual convergence and blurring of distinctions
Rovshan Ismayılov
semanticscholar   +1 more source

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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Brief Amicus Curiae of Intellectual Property Professors in Support of Petition for Certiorari in Samsung v. Apple

, 2017
eBay Inc. v. MercExchange, L.L.C, 547 U.S. 388, 394 (2006) held that that courts should apply the traditional four-factor test when deciding whether to issue a permanent injunction to a prevailing patentee.
Bernard H. Chao
semanticscholar   +1 more source

Pfannenstiehl V. Pfannenstiehl: Massachusetts Supreme Judicial Court Grants Petition for Certiorari in Unusual Property Division Involving Trust Interest

, 2016
The Massachusetts Supreme Judicial Court recently granted a petition for certiorari in a case where the value of a beneficiary’s interest in a third party settled multi-generational trust was included in the marital estate for purposes of a property ...
M. Chorney
semanticscholar   +1 more source

El certiorari ante el Tribunal Supremo americano: una aproximación desde el derecho español

, 2016
El presente articulo tiene por objeto el estudio de Derecho procesal civil comparado entre el recurso de certiorari estadounidense y el recurso de casacion civil espanol.
Javier Gilsanz Usunaga
semanticscholar   +1 more source

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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Supreme Court Crisis, Case Selection and Writ of Certiorari in Argentina

, 2016
This work deals with Argentina’s federal Supreme Court case selection regime, known as the Argentine “writ of certiorari” (art. 280, Code of Civil Procedure).
Leandro J Giannini
semanticscholar   +1 more source

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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