Document Type
Article
Media Type
Text
Abstract
This study is an empirical examination of a set of the Supreme Court's per curiam rulings issued after oral argument between 1969 and 1981. The authors use transcripts of Supreme Court oral argument and the Court's opinions to untangle relationships between oral argument and dispositions, particularly when the Court does not reach the merits. The authors note that oral argument clarifies issues and helps the justices narrow them. The Court's comments in its per curiam dispositions indicate that oral argument is relevant for the Court's dispositions and at times it has been more determinative of outcomes, for example, when counsel's acknowledgements lead to a nonmerits ruling. Implications for the Rule of Four, used in granting review, and for whether the Court learns of case dispositive information before or after granting review are explored.
First Page
1
Last Page
32
Publication Date
11-1-1992
Department
Other
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Wasby, Stephen L.; Peterson, Steven; Shubert, James; and Shubert, Glendon
(1992)
"The Supreme Court's Use of Per Curiam Dispositions: The Connection to Oral Argument,"
Northern Illinois University Law Review: Vol. 13:
Iss.
1, Article 7.
Suggested Citation
Stephen L. Wasby et al., The Supreme Court's Use of Per Curiam Dispositions: The Connection to Oral Argument, 13 N. Ill. U. L. Rev. 1 (1992).
