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Case Selection in the United States Supreme Court by Doris Marie Provine (1980, Hardcover)

Jonathan Grobe Books (2463)

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Hardcover 1980 Univ. Chicago 214 pages.

About this product

Product Identifiers

PublisherUniversity of Chicago Press

ISBN-100226684687

ISBN-139780226684680

eBay Product ID (ePID)81651

Product Key Features

Number of Pages224 Pages

Publication NameCase Selection in the United States Supreme Court

LanguageEnglish

Publication Year1980

SubjectAmerican Government / Judicial Branch, Judicial Power, General

TypeTextbook

Subject AreaLaw, Political Science

AuthorDoris Marie Provine

FormatHardcover

Dimensions

Item Height0.6 in

Item Weight15.9 Oz

Item Length9.8 in

Item Width7.9 in

Additional Product Features

Intended AudienceScholarly & Professional

LCCN79-025967

Table Of ContentAcknowledgments Introduction 1. The Case-Selection Process 2. Case Selection and Supreme Court Power 3. The Uneven Impact of Case Selection upon Litigants 4. Differences among the Justices in Case Selection 5. Alignments among the Justices in Case Selection Conclusion Notes Index

SynopsisFor decades the Supreme Court has received more requests for review than it can possibly grant; it now rejects more than ninety percent of the petitions which fulfill jurisdictional requirements. Consequently, the process by which the justices select cases must be recognized as one of the most important aspects of the Court's work. But because it is hidden from public view and proceeds by secret ballot, the case-selection process has never been thoroughly analyzed. This concise and accessible study provides an intimate view of the Court's case-selection process through an analysis of the docket books and other papers of Justice Harold H. Burton, who kept scrupulous records of the Court's work from 1945 to 1957. In her analysis of these invaluable records the only records of case-selection votes made public since the advent of discretionary review in 1925 Provine provides two perspectives on the problematic issue of judicial motivation in case selection. The first perspective is an institutional one in which the Court is treated as the unit of analysis: the second is personal, in which differences among decision makers are the focus of analysis. Provine suggests that judicial role perceptions go far to explain both agreement and disagreement in case selection. She also considers the impact of the process upon litigants, since the system seems to favor petitioners with litigation expertise, especially the U.S. government. Yet, she claims, the secrecy of case selection fosters the popular misperception that any worthwhile case can be appealed "all the way to the Supreme Court." The Court thus maintains its image as a forum equally available to all litigants.", For decades the Supreme Court has received more requests for review than it can possibly grant; it now rejects more than ninety percent of the petitions which fulfill jurisdictional requirements. Consequently, the process by which the justices select cases must be recognized as one of the most important aspects of the Court's work. But because it is hidden from public view and proceeds by secret ballot, the case-selection process has never been thoroughly analyzed. This concise and accessible study provides an intimate view of the Court's case-selection process through an analysis of the docket books and other papers of Justice Harold H. Burton, who kept scrupulous records of the Court's work from 1945 to 1957. In her analysis of these invaluable records--the only records of case-selection votes made public since the advent of discretionary review in 1925--Provine provides two perspectives on the problematic issue of judicial motivation in case selection. The first perspective is an institutional one in which the Court is treated as the unit of analysis: the second is personal, in which differences among decision makers are the focus of analysis. Provine suggests that judicial role perceptions go far to explain both agreement and disagreement in case selection. She also considers the impact of the process upon litigants, since the system seems to favor petitioners with litigation expertise, especially the U.S. government. Yet, she claims, the secrecy of case selection fosters the popular misperception that any worthwhile case can be appealed "all the way to the Supreme Court." The Court thus maintains its image as a forum equally available to all litigants.