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Jurisprudence Commons

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Articles 1 - 3 of 3

Full-Text Articles in Jurisprudence

Judicial Supremacy And The Settlement Function, Robert F. Nagel Jan 1998

Judicial Supremacy And The Settlement Function, Robert F. Nagel

Publications

No abstract provided.


Authorizing Interpretation, Pierre Schlag Jan 1998

Authorizing Interpretation, Pierre Schlag

Publications

No abstract provided.


Light On A Darkling Plain: Intercircuit Conflicts In The Perspective Of Time And Experience, Arthur D. Hellman Jan 1998

Light On A Darkling Plain: Intercircuit Conflicts In The Perspective Of Time And Experience, Arthur D. Hellman

Articles

The time has long passed when the Supreme Court resolved every intercircuit conflict properly brought before it in a petition for certiorari. Is that a problem we should be concerned about? Three decades ago, Congress asked the Federal Judicial Center, the research arm of the federal judiciary, to conduct a study to ascertain “the number and frequency of conflicts among the judicial circuits … that remain unresolved because they are not heard by the Supreme Court.” Congress further requested that the Center determine the extent to which the unresolved conflicts are “intolerable.” The Center asked me to design and conduct …