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What the Supreme Court Did Not Do During the 1951 Term
Harper, Fowler
Harper, Fowler
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Abstract
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 ?