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Article: Reflections on the role of appellate courts: a view from the Supreme Court.
- Article from:
- Journal of Appellate Practice and Process
- Article date:
- March 22, 2006
- Author:
CopyrightCOPYRIGHT 2006 University of Arkansas at Little Rock William H. Bowen School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Not long ago, I sat on a panel with two distinguished law professors who were discussing the jurisprudence of the modern Supreme Court. One of the professors addressed what he labeled the three phases of the Rehnquist Court, describing its first phase as radical, its second as more moderate politically, and its third as rational or pragmatic. As a former law professor, I understand that analyzing the Supreme Court is part of a legal academic's job and that offering such classifications is a common feature of scholarly journals. But my reaction is that of a judge, and speaking as a judge, I can say only that the professor's assessment does not capture what the Court feels ...