- Sergio Muro, Alejandro Chehtman, Jorge Silva & Nelson Amaya, "Testing Representational Advantage in access to the Argentine Supreme Court" 6(1) (2018), 1-23
Abstract: Even if party capability theory has been well documented, parsing out the reasons why “haves” come out ahead has been challenging. Our study takes advantage of the Argentine Supreme Court’s power to dismiss appeals because they contain formal errors to ascertain the existence of representational advantage. We show that representational advantage plays a significant role, as individual appellants represent a larger proportion of appeals rejected on formal grounds than of those analyzed on their merits. In addition, certain areas of law where asymmetrical capability is prevalent and consistent, particularly labor law, are significantly overrepresented in appeals rejected on formal grounds.
- Sergio Muro, Alejandro Chehtman, Jorge Silva & Nelson Amaya, "Dismissing Appeals on Formal Grounds: The Case of the Argentine Supreme Court", The Latin American and Iberian Journal of Law and Economics 2(1) (2016), 1-38.
Trabajos En Curso:
- Sergio Muro, Alejandro Chehtman, Nuno Garoupa, Sofia Amaral-Garcia, " Exploring Dissent in the Supreme Court of Argentina" (In preparation)
Abstract: Judicial disagreement is inevitable in collegial courts. When dissents are allowed, judges must decide whether or when to write them. Dissents should vary across type of court decisions since the reasons to dissent are related to the legal importance of the questions under appeal. We study dissents in the Supreme Court of Argentina for the period 2012-2013. The results show that more significant cases have a lower likelihood of a dissenting opinion. Nevertheless, when analyzed by type, reasoned dissents seem determined by the legal impact of the case, that is, when the potential benefit of dissenting is higher. The study highlights that not all dissents should be treated as statistically equivalent.
- Sergio Muro, Alejandro Chehtman, Jorge Silva Méndez y Juan Pablo Mosquera Fernández, "Institutional Design and the Mechanisms for Case-selection in the Argentine Supreme Court" (In preparation)
Abstract: High courts typically struggle to find the right balance between its error correction function and its final interpretation of constitutional clauses. The more time and resources spent in error correction limits the greater is the ability to offer improvements in constitutional interpretation. Some courts seek to streamline the appeals’ process by dismissing appeals which have not complied with certain formal requirements. Our study contributes to the growing comparative literature on High Court docket management by investigating the time to case disposition of appeals with formal errors in the Argentine Supreme Court. We show that this type of appeals’ dismissal has not resulted in efficient case duration or in an increase of CSJN’s output. Furthermore, the multivariate analysis shows that several case characteristics, such as the appeals’ subject matter or the type of formal error, affect appeal duration.
- Víctor Abramovich, "La Intervención de la Procuración General ante la Corte de Suprema de Justicia de la Nación".