Testing Representational Advantage in the Argentine Supreme Court

Muro, Sergio A.; Chehtman, Alejandro; Méndez, Jorge Silva; Durán, Nelson Amaya

doi:10.1086/695564

Cited by 8 publications

(8 citation statements)

References 19 publications

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“…A recent study testing representational advantage at the Court looked at the operation of Acordada 4 (Muro et al ). It codified the identity of litigants as government, corporations, prosecutors, and individuals.…”

Section: Argentinamentioning

confidence: 99%

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Different Ways of Losing: Public Defenders (and Private Counsel) at the Supreme Court of Argentina

González‐Bertomeu¹

2020

Law Soc Rev

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Though most countries have established public defense systems to represent indigent defendants, this is far from implying their offices are in good shape. Indeed, significant variation likely exists in the systems' effectiveness, across societies and at the subnational level. Defense agencies' performance likely depends on their configuration, including their funding, their internal arrangements, and their selection and retention mechanisms. Centered on public defense in Argentina, this article compares the performance of public and retained counsel at the country's Supreme Court. Public defenders' offices received a boost in the last two decades, and are institutionally well positioned to square off against prosecutors, putting them at least on par with the averaged retained counsel. Using a fresh dataset of around 3000 appeal decisions from 2008 to 2013, the study largely tests representational capabilities by looking at whether counsel meets briefs' formal requirements, a subset of decisions particularly valuable to reduce potential biases. It finds that formal dismissals are significantly less frequent when a public defender is named in an appeal, particularly when a federal defender is involved. It also discusses and tests alternative mechanisms. The article's findings illuminate discussions of support structures for litigation, criminal justice reform, and criminal defendants' rights.

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Section: Argentinamentioning

confidence: 99%

“…Moreover, the Court features specialized offices receiving appeals by subject matter (criminal law among them). The relevant office undertakes a preliminary supervision of formal requirements and drafts a first memo to be distributed among the justices (Muro et al ). Justices study the file and can freely alter the memo.…”

Section: Argentinamentioning

confidence: 99%

Different Ways of Losing: Public Defenders (and Private Counsel) at the Supreme Court of Argentina

González‐Bertomeu¹

2020

Law Soc Rev

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“…I study decisions regarding these regulations as well (I refer to them as "Acordada 13" decisions). A recent study testing representational advantage at the Court looked at the operation of Acordada 4 (Muro et al 2018). It codified the identity of litigants as government, corporations, prosecutors, and individuals.…”

Section: Requirementsmentioning

confidence: 99%

“…Moreover, the Court features specialized offices receiving appeals by subject matter (criminal law among them). The relevant office undertakes a preliminary supervision of formal requirements and drafts a first memo to be distributed among the justices (Muro et al 2018). Justices study the file and can freely alter the memo.…”

Section: Secretaría Penalmentioning

confidence: 99%

Different Ways of Losing: Public Defenders (and Private Counsel) at the Supreme Court of Argentina

Gonzalez Bertomeu

2016

SSRN Journal

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“…The past decade has witnessed dramatic growth in the empirical analysis of apex courts worldwide, from Argentina (Muro et al ) and Brazil (Arguelhes & Hartmann ) up to Canada (Alarie & Green ) and from Taiwan (Chen et al ) across the globe to Israel (Weinshall‐Margel ) and most of Europe (Hanretty forthcoming). This is welcome news because studies of judicial behavior add to the store of knowledge on law and legal institutions, provide guidance to policymakers, educate the public about their courts, help lawyers develop strategies, and even prompt judges to rethink their choices (Posner ; Epstein et al ; Wistrich et al ).…”

Section: Introductionmentioning

confidence: 99%

Developing High‐Quality Data Infrastructure for Legal Analytics: Introducing the Israeli Supreme Court Database

Weinshall¹,

Epstein²

2020

J Empirical Legal Studies

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Driving discovery in the study of law and legal institutions often requires infrastructure in the form of databases and other tools. The challenge is how to build the infrastructure. For obvious reasons, transplanting coding rules and variables from one dataset to the next is perilous; specialized knowledge of local conditions is necessary before one piece of datum is collected. Also required is adherence to a universal set of principles that distinguish high-quality infrastructure; namely, that the tool is capable of addressing real-world problems, accessible, reproducible and reliable, sustainable and updatable, and foundational. These principles guided construction of the Israeli Supreme Court Database, new and original infrastructure encoding information from all panel cases opened between

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Testing Representational Advantage in the Argentine Supreme Court

Cited by 8 publications

References 19 publications

Different Ways of Losing: Public Defenders (and Private Counsel) at the Supreme Court of Argentina

Different Ways of Losing: Public Defenders (and Private Counsel) at the Supreme Court of Argentina

Different Ways of Losing: Public Defenders (and Private Counsel) at the Supreme Court of Argentina

Developing High‐Quality Data Infrastructure for Legal Analytics: Introducing the Israeli Supreme Court Database

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