Click the star to add/remove an item to/from your individual schedule.
You need to be logged in to avail of this functionality.

Accepted Paper:

Gatekeeping and concealment: legal knowledge in the gap  
Leticia Barrera (CONICET)

Paper short abstract:

This paper analyzes an Argentine Supreme Court’s practice that borrows from the US Supreme Court’s writ of certiorari. In examining the instances of knowledge disclosure and enclosure that gatekeeping unfolds, the paper points out how the tribunal builds up its authority in contemporary Argentina.

Paper long abstract:

This article provides a detailed look at the means through which the Argentine

Supreme Court of Justice decides what cases to review and what cases to discard; a mechanism that, it is argued, borrows from the United States Supreme Court's writ of certiorari. The essay does not draw a comparative analysis between how the practice of the certiorari is performed in these two different jurisdictions. Nor it points point out the alleged gap between the original practice and the imported one. Rather, it engages in an ethnographic study of a Court´s documentary practice to elaborate on the forms, meanings and effects of gatekeeping in the Argentine Court and the relations of knowledge that this practice manifests. In examining the instances of knowledge disclosure and enclosure that the operation of gatekeeping unfolds, this essay ultimately seeks to point out a particular mode of building up judicial authority in contemporary Argentina.

Panel P45
Latin American judiciaries in comparative context
  Session 1