Rosenberg_Paper - Group#14 Secretary Michael Kon Corey...

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Group #14 Secretary: Michael Kon Corey McMullen Kojo Enu Cole Benbow Adam Sharp Setting the Bar: Gerald Rosenberg’s Standards for the Supreme Court Gerald Rosenberg’s approach to discussing judicial impact is as interesting as it is demanding. The focal point of his analysis is to discover the conditions needed for the Supreme Court to produce “significant social reform” (5). However, one might look upon the standards used throughout this exploratory account, as too stringently articulated and adhered to. Moreover, the arbitrary and broad nature inherent in using the phrase “significant” also poses a unique drawback to evaluating his conclusions. Yet, a criticism of his argument based on an imprecise definition of goals, would be too simple. One might look to assess Rosenberg’s approach in a more concrete, comparative manner. Therefore, we have chosen to understand his approach through the lens of the utility theory of judicial impact. To a certain degree, the utility theory reveals many of the claims made by Rosenberg,
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Rosenberg_Paper - Group#14 Secretary Michael Kon Corey...

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