Collateral Estoppel and Supreme Court Disposition of Moot Cases

Authors

Michigan Law Review, University of Michigan Law School

Abstract

In response to the Government's novel proposal in Velsicol, this Note reconsiders the procedures by which the Supreme Court could dispose of moot cases. Section I examines the collateral estoppel effects of the Supreme Court's present procedure and the Government's proposal in Velsicol. Section II concludes that both procedures afford excessive protection from collateral estoppel because they misconceive the purpose of Supreme Court review. The Note suggests that, when faced with a moot federal petition for certiorari, the Supreme Court should either deny the petition or, if certiorari has already been granted, dismiss the case.

Recommended Citation

Michigan Law Review, Collateral Estoppel and Supreme Court Disposition of Moot Cases, 78 Mich. L. Rev. 946 (1980).
Available at: https://repository.law.umich.edu/mlr/vol78/iss6/6