The Supreme Court's Treatment of Sovereigns as Amici Curiae
McAllister, Stephen R.
McAllister, Stephen R.
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Abstract
This article traces the history of current Supreme Court Rule 37.4, which exempts the federal government, state governments, and local governments from rules that otherwise require consent of the parties to file an amicus brief and that require disclosure of information regarding whether any person or entity other than the named amicus contributed financially or otherwise to the amicus brief. The article surveys the Supreme Court’s historical practices regarding amici filings by government entities, and locates the first rule of the Court addressing amicus filings, then traces the rule’s evolution forward to the current day. In particular, the article considers the treatment of both Indian Tribes and foreign nations as sovereign amici in the Supreme Court, and comments upon their exclusion from current Rule 37.4.
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Full-text available at SSRN. See link in this record.
Date
2011
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Green Bag Press
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Citation
Stephen R. McAllister, The Supreme Court's Treatment of Sovereigns as Amici Curiae, 13 GREEN BAG 2d 289 (2011).