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University of New Mexico

Faculty Scholarship

1996

Discretionary Jurisdiction

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Should The Michigan Supreme Court Adopt A Non-Majority Vote Rule For Granting Leave To Appeal?, Carol A. Parker Jan 1996

Should The Michigan Supreme Court Adopt A Non-Majority Vote Rule For Granting Leave To Appeal?, Carol A. Parker

Faculty Scholarship

This article examines the evolution of Michigan's appellate court system, the role of a modem supreme court, and the rationale for giving a court discretionary jurisdiction. It also reviews the theory of the non-majority vote rule as a procedural safeguard against abuse of the discretionary review power. The Note also assesses current problems faced by the Michigan Supreme Court which are driven to a large extent by escalating appellate caseloads, and whether adoption of a non-majority vote rule would be an improvement over the status quo. This Note concludes that adoption by the Michigan Supreme Court of a "Rule of …