Abstract

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Justice By the Numbers: The Supreme Court and the Rule of Four - Or Is It Five?


Ira P. Robbins


American University - Washington College of Law


Suffolk University Law Review, Vol. 36, No. 1, 2002

Abstract:     
This article discusses the history of the Supreme Court's unpublished internal rules; examines how ambiguity and inconsistent application of these rules leave attorneys, petitioners, and observers confounded; and recommends an end to the era of procedural postulating. For too long, the Supreme Court has followed rules that either are not stipulated by Congress or are not clarified by the Court. Moreover, the Court has adhered to these written but unpublished rules with varying levels of commitment. This article focuses on how the internal rules are applied to various types of cases presented for review - particularly in the context of habeas corpus and the death penalty - and the effect that these rules have on the outcome of the cases the Court accepts.

Number of Pages in PDF File: 30

Keywords: Supreme Court, Supreme Court Internal Rules, Internal Rules, Procedural Rules, Robert Lee Tarver, In Re Tarver, Habeas Corpus, Death Penalty, Certioriari, Stay of Execution

JEL Classification: K14, K40, K41

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Date posted: January 31, 2007  

Suggested Citation

Robbins, Ira P., Justice By the Numbers: The Supreme Court and the Rule of Four - Or Is It Five?. Suffolk University Law Review, Vol. 36, No. 1, 2002. Available at SSRN: http://ssrn.com/abstract=960325

Contact Information

Ira P. Robbins (Contact Author)
American University - Washington College of Law ( email )
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
202-274-4235 (Phone)
202-274-4130 (Fax)
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