Discretionary dockets

Kozel and Pojanowski examine the dynamics of the Rulemaking Court, the Adjudicating Court, the Reluctant Court, and the Experimental Court. They highlight the relationship between a court's mode of decisionmaking, docket management, and sense of institutional role. Their focus is the Supreme Co...

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Bibliographic Details
Published in:Constitutional commentary 2016-06, Vol.31 (2), p.221
Main Authors: Kozel, Randy J, Pojanowski, Jeffrey A
Format: Article
Language:English
Subjects:
Company business management
Constitutional law
Court calendars
Courts
Decision making
Judicial discretion
Supreme Court decisions
Online Access:Get full text
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Summary:Kozel and Pojanowski examine the dynamics of the Rulemaking Court, the Adjudicating Court, the Reluctant Court, and the Experimental Court. They highlight the relationship between a court's mode of decisionmaking, docket management, and sense of institutional role. Their focus is the Supreme Court's treatment of constitutional law, whose derivation and evolution provides a rich topic of study. Whether the Supreme Court operates with a large docket or a small one, it can decide cases in a manner that crystallizes legal norms and provides guidance to the legal community and society at large. Yet for the Court to serve these functions effectively, its mode of decisionmaking must align with its strategy in filling (or not) its docket.
ISSN:0742-7115
2639-7277