미국 연방대법원의 심리절차

다국어 초록 (Multilingual Abstract)

The Supreme Court of the United States is different from that of Korea in many aspects, especially in that the U.S. Supreme Court(like other federal courts) has the power to review constitutionality of the acts of Congress and it has the full control of its docket using the device of a writ of certiorari. This Article is intended to provide a better understanding of the U.S. Supreme Court.
In this article, I introduce the summary historical developments of the Court and its jurisdiction: original and appellate. I illustrate how cases reach the Court and how it selects the small portion of those cases that it will hear. Traditionally, the Court has granted the petition for a writ of certiorari in only a tiny proportion of cases, rejecting 99% of them at its discretion. I examine the factors that influence the choices of the cases to review on the merits.
I deal with oral argument, decision-making and opinion writing in the Court, focusing on the interplays of the justices and the special role of the law clerk in decision-making. Finally, I look at the discussion - once hot, now stilled - of the judicial reform to reduce the Court's workload.

참고문헌 (Reference)

1 Peter Charles Hoffer, "The Supreme Court: An Essential History" University Press of Kansas 2007

2 Walter F. Murphy, "The Supreme Court of United States, Encyclopedia of the American Judicial System (Volume Ⅱ)" Macmillan Pub Co 1987

3 Lawrence Baum, "The Supreme Court (9th edition)" CQ Press 2007

4 Robert A. Carp, "Judicial Process in America (7th edition)" CQ press 2007

5 Lawrence S. Wrightsman, "Judicial Decision Making: Is Psychology Relevant?" Springer 1999

6 Gregory A. Castanias, "Federal Appellate Practice and Procedure" Thomson West 2008

7 Howard Ball, "Courts and Politics" Prentice-Hall 1987

8 Doris Marie Provine, "Certiorari”, Encyclopedia of American Judicial System(Volume Ⅱ)" Macmillan Pub Co 1987

9 The New York Times, "A Second Justice Opts Out of a Longtime Custom: The ‘Cert. Pool’"