This book studies the U.S. Supreme Court and its current common law approach
to judicial decision making, from a national and transnational perspective. The
modern Supreme Court’s approach appears detached from and inconsistent with
the underlying fundamental principles that ought to guide it, an approach that
often leads to unfair and inefficient results.
This book suggests the adoption of a judicial decision-making model that
proceeds from principles and rules treating them as premises to develop consistent
unitary theories to meet current social conditions. This model requires judicial
opinions to be informed by a wide range of considerations, beginning with
established legal standards, but including the insights derived from deductive
and inductive reasoning, the lessons learned from history and custom, and from
an examination of the social and economic consequences of the decision. Under
this model, the considerations made to reach a specific result should be articulated
through a process that considers various hypothesis, arguments, confutations and
confirmations, and it should be shared with the public.
Simona Grossi is a professor of law at Loyola Law School Los Angeles. She
worked for the UN from 2000 to 2002. She then went into private practice, doing
national and transnational litigation from 2002 to 2008 for Clifford Chance LLP
and Bonelli Erede Pappalardo. She worked for Judge Charles Breyer at the United
States District Court for the Northern District of California in 2010. Her scholarship
focuses on civil procedure and transnational litigation. She is the author of
the Commentary to the Italian Code of Civil Procedure (2010).