The US Supreme Court and the Modern Common Law Approach

by Simona Grossi

Overview

This book studies the U.S. Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's modern approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, an approach that often leads to unfair and inefficient results. This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules and treats these principles and rules as premises for developing consistent unitary theories to meet current social conditions. This model requires that judicial opinions be informed by a wide range of considerations, beginning with established legal standards – but also including the insights derived from deductive and inductive reasoning, the lessons learned from history and custom – and ending with an examination of the social and economic consequences of the decision. Under this model, the considerations taken to reach a specific result should be articulated through a process that considers various hypotheses, arguments, confutations, and confirmations, and they should be shared with the public.

Product Details

ISBN-13:	9781107028050
Publisher:	Cambridge University Press
Publication date:	02/05/2015
Pages:	422
Product dimensions:	5.98(w) x 9.02(h) x 0.94(d)

About the Author

Simona Grossi is a Professor of Law at Loyola Law School, Los Angeles. She worked for the UN from 2000 to 2002, and then she went into private practice and worked for Clifford Chance LLP and Bonelli Erede Pappalardo doing national and transnational litigation from 2002 to 2008. She worked for Judge Charles Breyer at the United States District Court for the Northern District of California in 2010. She is a member of the American Law Institute (ALI). Her scholarship focuses on civil procedure and transnational litigation. She is the author of the Commentary to the Italian Code of Civil Procedure (2010).

Table of Contents

1. The US Supreme Court's decision-making process: deciding when and what to decide; 2. Personal jurisdiction; 3. Forum non conveniens; 4. Personal jurisdiction and forum non conveniens in a transnational context; 5. Subject matter jurisdiction; 6. A look abroad: is the US Supreme Court's decision-making process unique?; 7. Concluding remarks.

Editorial Reviews

'Grossi makes bold assertions in her book and does an admirable job of supporting them illustrating their context, and ultimately proposing alternatives. Her international comparisons are truly fascinating ... Grossi has interesting, innovative ideas and writes from a distinctive perspective, which makes the book a good pick for acquisition.' Mary Beth Chappell Lyles, Law Library Journal

From the Publisher