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This article examines the evolution of Michigan's appellate court system, the role of a modem supreme court, and the rationale for giving a court discretionary jurisdiction. It also reviews the theory of the non-majority vote rule as a procedural safeguard against abuse of the discretionary review power. The Note also assesses current problems faced by the Michigan Supreme Court which are driven to a large extent by escalating appellate caseloads, and whether adoption of a non-majority vote rule would be an improvement over the status quo. This Note concludes that adoption by the Michigan Supreme Court of a "Rule of Three," while not inconsistent with the role of a modem supreme court, would not significantly impact Michigan jurisprudence to the extent its proponents hope. Originally published in the Wayne Law Review, vol. 43, pp. 345-374 (1996).

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Wayne Law Review



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Michigan Appellate Courts, Discretionary Jurisdiction, History of intermediate appellate courts

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