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Tuesday, October 04, 2011
Circuit Court Case Decisions in the U.S. Supreme Court October 2010 Term and Upcoming in the New Term: The Second Circuit Analyzed by Martin Flumenbaum and Brad S. Carp of Paul Weiss et al.
Martin Flumenbaum and Brad S. Carp of Paul, Weiss, Rifkind, Wharton and Garrison present an expert analysis of The Second Circuit In the Supreme Court and the cases in the October 2010 Term as well as those those scheduled for review in the new term.
The article -- published in the New York Law Journal, an ALM Publication, Volume 246, No. 62, Wednesday, September 28, 2011 -- also presents a table as to how all the Circuit Courts fared in the Supreme Court October 2010 Term, which we found of interest.
We assume that Supreme Court judicial review almost always involves a significant jurisprudential problem and that the chances of reversal in any given case are therefore great, so that high reversal rates are not -- in our view -- as significant as the number of cases reviewed from any given Circuit Court.
If only one case from a given Circuit Court is reviewed and reversed, that is a 100% reversal rate, but the Circuit Court is doing splendidly, since few Supreme Court reviews have been granted on their decisions.
For example, the Second Circuit was reviewed in 5 cases of which 1 was affirmed and 4 reversed or vacated.
The "problem child" in our view is however the Ninth Circuit, where 26 cases were reviewed, 7 affirmed, 18 reversed or vacated and 1 affirmed in part and reversed in part.
There is apparently a substantial difference between the way the law is viewed in the East and the West. Either that, or many fundamental and controversial legal problems and issues appear to surface in California first :-;
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