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Full-Text Articles in Law
Uniformity, Inferiority, And The Law Of The Circuit Doctrine, Martha Dragich
Uniformity, Inferiority, And The Law Of The Circuit Doctrine, Martha Dragich
Faculty Publications
This Article considers whether Congress or the Supreme Court could reverse the law of the circuit doctrine. Part I explores the importance of uniformity in federal law. Part II considers the extent to which a desire for uniformity has shaped the structure of the federal court system. Part III considers how the evolution of the courts of appeals as independent regional adjudicatory bodies affects the uniformity objective. Part IV examines the attributes of superior and inferior courts, and applies these criteria to the current courts of appeals. Part V examines the tension between uniformity and inferiority as determinants of the …
The Supreme Court And The Sophisticated Use Of Digs, Rafael Gely, Michael E. Solimine
The Supreme Court And The Sophisticated Use Of Digs, Rafael Gely, Michael E. Solimine
Faculty Publications
In this article, we extend this literature in several ways. In part II, we provide a brief overview of the certiorari and DIG process, and explore the possible motivations for the Court to DIG a case. In Part III we describe our data, and in Part IV we discuss our results. Part V concludes the paper.