Please cite to the original publication
This is the third of somewhat laborious examinations of the cases which the Supreme Court declined to review during a term by exercising its discretionary power to deny petitions for the writ of certiorari or by dismissing appeals, a procedure but slightly less summary. A survey of the hundreds of cases which the Court disposed of in this way indicates three major problems: 1) What are the criteria used by the Court in granting or denying certiorari? 2) Why does the Court refuse to give its reasons for a denial and is it justified in such refusal? 3) What is the meaning, theoretically and functionally, of a denial of certiorari?
Date of Authorship for this Version
What the Supreme Court Did Not Do During the 1951 Term (with G. C. Pratt), 101 University of Pennsylvania Law Review 439 (1953)