Brief of the American Antitrust Institute and the American Independent Business Alliance as Amicus Curiae in Support of Respondents, Comcast Corp. v. Behrend, Supreme Court of the United States

2012 ◽  
Author(s):  
Joshua P. Davis ◽  
Albert Foer ◽  
Randy Stutz
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Amicus Curiae

Organized Interests and Agenda Setting in the U.S. Supreme Court

1988 ◽  
Vol 82 (4) ◽  
pp. 1109-1127 ◽  
Author(s):  
Gregory A. Caldeira ◽  
John R. Wright
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Amicus Curiae ◽  
Organized Interests ◽  
Using Data ◽  
The U.S ◽  
Selection Of

Participation as amicus curiae has long been an important tactic of organized interests in litigation before the U.S. Supreme Court. We analyze amicus curiae briefs filed before the decision on certiorari and assess their impact on the Court's selection of a plenary docket. We hypothesize that one or more briefs advocating or opposing certiorari increase the likelihood of its being granted. We test this hypothesis using data from the United States Reports and Briefs and Records of the United States Supreme Court for the 1982 term. The statistical analysis demonstrates that the presence of amicus curiae briefs filed prior to the decision on certiorari significantly and positively increases the chances of the justices' binding of a case over for full treatment—even after we take into account the full array of variables other scholars have hypothesized or shown to be substantial influences on the decision to grant or deny.

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