The article discusses the constitutionality and propriety of appellate courts of the U.S. that are the primary responders to take decisions regarding any filed lawsuits. It further discusses the shifting of focus to judicial discretion from power in the Supreme Court and in the federal intermediate appellate courts of the U.S. It informs about the division of function between trial and appellate courts on functional and institutional grounds.
Appellate Courts as First Responders: The Constitutionality and Propriety of Appellate Courts' Resolving Issues in the First Instance,
Notre Dame L. Rev.
Available at: http://scholarship.law.nd.edu/ndlr/vol87/iss4/4