Carolyn Shapiro is an Assistant Professor of Law at Chicago-Kent College of Law, and she published an article last year titled The Limits of the Olympian Court: Common Law Judging versus Error Correction in the Supreme Court in the Washington & Lee Law Review. In her article, she shows how the Supreme Court’s certiorari process has inadvertently led to inconsistent application of some legal standards by lower courts. Additionally, she provides some logical, simple, and compelling solutions for the problem.
http://www.kentlaw.edu/perritt/blog/2007/07/correcting-error-of-not-error.html