Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
He New Oral Argument: Justices As Advocates, Matthew Sag, Tonja Jacobi
He New Oral Argument: Justices As Advocates, Matthew Sag, Tonja Jacobi
Faculty Publications & Other Works
This Article conducts a comprehensive empirical inquiry of fifty-five years of Supreme Court oral argument, showing that judicial activity has increased dramatically, in terms of words used, duration of speech, interruptions made, and comments proffered. The Court is asking no more questions of advocates; instead, the justices are providing conclusions and rebutting their colleagues. In addition, the justices direct more of their comments and questions to the side with whom they ultimately disagree. Furthermore, “losing” justices, be it ideological camps that are outnumbered on the Court or dissenters in specific cases, use oral arguments to push back against the dominant …
Remaking The United States Supreme Court In The Courts' Of Appeals Image, Tracey E. George, Chris Guthrie
Remaking The United States Supreme Court In The Courts' Of Appeals Image, Tracey E. George, Chris Guthrie
Vanderbilt Law School Faculty Publications
We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decision making, and retaining an en banc procedure for select cases. In so doing, Congress would expand the Court's capacity to decide cases, facilitating enhanced clarity and consistency in the law as well as heightened monitoring of lower courts and the other branches. Remaking the Court in this way would not only expand the Court's decision making capacity but also improve the Court's composition, competence, and functioning.
Remaking The United States Supreme Court In The Courts' Of Appeals Image, Chris Guthrie, Tracey E. George
Remaking The United States Supreme Court In The Courts' Of Appeals Image, Chris Guthrie, Tracey E. George
Vanderbilt Law School Faculty Publications
We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decision making, and retaining an en banc procedure for select cases. In so doing, Congress would expand the Court's capacity to decide cases, facilitating enhanced clarity and consistency in the law as well as heightened monitoring of lower courts and the other branches. Remaking the Court in this way would not only expand the Court's decision making capacity but also improve the Court's composition, competence, and functioning.