Document Type

Working Paper

Publication Date

8-8-2019

SSRN Discipline

Legal Scholarship Network; Law School Research Papers - Legal Studies; Law & Society eJournals; LSN Subject Matter eJournals; Criminal Justice Research Network; Political Science Network; Management Research Network

Abstract

Widespread concern regarding the US Supreme Court is pushing scholars and politicians to look for truly innovative solutions Two recent proposals the Supreme Court Lottery and the Balanced Bench advocate for institutional and procedural reforms that are untested in the American context This Essay A Tale of Two Courts offers concrete reasons why many aspects of these proposals are worrisome by drawing on a natural experiment involving the supreme court of another country India I show how the Indian Court has long exemplified several of the practices or design elements featured in the Lottery Court and Balanced Bench and how these features have functioned in real life In doing so the Essay offers insights into court design and functioning that are simply unavailable from within American constitutional experience

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