Rebecca Frank Dallet & Matt Woleske, State Shadow Dockets, 2022 Wis. L. Rev. 1063 (2022).
Abstract
While many scholars have focused their attention on the Supreme Court, state shadow dockets have largely avoided scrutiny. This Essay fills that gap and demonstrates how many of the criticisms of the Supreme Court’s shadow docket apply with even greater force to many different states’ shadow dockets. We then draw on best practices from other state supreme courts and propose reforms to the Supreme Court’s shadow docket to improve transparency and the quality of decision-making on state shadow dockets.