This article is intended as an exploratory step toward filling the gap in the literature by synthesizing the fragmentary knowledge relating to judicial information flow. It attempts to advance the dialogue initiated by Professors Miller and Barron by providing a number of components necessary for an adequate model; it seeks also to suggest additional considerations necessary for a more useful model and thus for a continuing systematic inquiry into the information flow process. Results of the Miller-Barron article supply the background for the work reported here. Times, Roe, and Doe and the Miller-Barron findings are considered in the first two sections respectively. Conclusions from these sections are then used to design an elementary inductive model of information flow to the Justices. This basic model is next expanded to include the entire judicial system and its environment-information flow to, through, and back to Court members. On balance, therefore, the exploratory model finally developed is of necessity eclectic in nature. It contains both inductive and deductive elements, the former based upon explorations into specific cases, the latter founded on additional theoretical models.'
Charles M. Lamb,
Judicial Policy-Making and Information Flow to the Supreme Court,
29 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol29/iss1/2