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From time to time, surveys are made of the work of the Supreme Court for a particular term and a current series of annual articles reviews the Court's business term by term and comments on some of its institutional aspects. It is proposed in this article to examine the work which the Court might have done, but did not do during the 1949 term, i.e. the denial of petitions for writs of certiorari and the dismissal of appeals. It may be that the work which the Court doesn't do is as significant for the nation as the work which it does. When it decides a case involving important matters of public interest, it is making national policy. When it declines to review a case involving important issues, is it not also determining policy? To be sure, it may review and reverse a case next year involving the same issue. But it is also true that it may reverse itself next year, as a justice occasionally will complain. From the standpoint of national policy, it is not easy to find any difference.

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What the Supreme Court Did Not Do in the 1949 Term – An Appraisal of Certiorari (with A. S. Rosenthal), 99 University of Pennsylvania Law Review 293 (1950)

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