Tuesday, November 3, 2009
Tara Leigh Grove (Florida State University College of Law) has posted The Structural Case for Vertical Maximalism at The Legal Workshop. It previews her forthcoming article by the same name in the Cornell Law Review and addresses several of the Supreme Court's opinions in criminal procedure cases in arriving at the following conclusion:
I argue that minimalism is the wrong approach for the current Supreme Court. The Court should instead aim to issue broad precedents that help clarify the law and provide guidance to lower courts in the many cases that it lacks the capacity to review. In other words, to serve its constitutional role in this judicial hierarchy, the Court should adopt a presumption in favor of vertical maximalism.