Justice as Fair Division
The current hyperpoliticization of the Court grows out of a feedback loop between politicized appointments and politicized decision-making. This Article suggests a change in the internal procedures by which the Court hears and decides particular cases. A three-Justice panel hears and decides each ca...
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| Tipo de documento: | Electrónico Libro |
| Lenguaje: | Inglés |
| Publicado: |
2018
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| En: | Año: 2018 |
| Acceso en línea: |
Volltext (kostenfrei) |
| Verificar disponibilidad: | HBZ Gateway |
| Sumario: | The current hyperpoliticization of the Court grows out of a feedback loop between politicized appointments and politicized decision-making. This Article suggests a change in the internal procedures by which the Court hears and decides particular cases. A three-Justice panel hears and decides each case. Appeal to an en banc sitting of the entire Court would require a unanimous vote of all non-recused Justices. This Article explores several possible approaches in selecting the three-Justice panel. This Article proposes that applying a fair division scheme to the Court's decision-making process might act to reverse this loop and work to depoliticize the Court over time |
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