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Constitutional Precedent in US Supreme Court Reasoning

Constitutional Precedent in US Supreme Court Reasoning
Author: Schultz, David
Publisher: Edward Elgar Publishing
Total Pages: 200
Release: 2022-03-15
Genre: Law
ISBN: 1839103132

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Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning.


Precedents and Case-Based Reasoning in the European Court of Justice

Precedents and Case-Based Reasoning in the European Court of Justice
Author: Marc Jacob
Publisher: Cambridge University Press
Total Pages: 357
Release: 2014-03-20
Genre: Law
ISBN: 1107045495

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Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.


Notes on the American Decisions

Notes on the American Decisions
Author: Lawyers Co-operative Publishing Company
Publisher:
Total Pages: 1200
Release: 1911
Genre: Annotations and citations (Law)
ISBN:

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The Law of Judicial Precedent

The Law of Judicial Precedent
Author: Bryan A. Garner
Publisher:
Total Pages: 0
Release: 2016
Genre: Judicial process
ISBN: 9780314634207

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The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.


Notes on the American Decisions [1760-1869]

Notes on the American Decisions [1760-1869]
Author: Lawyers Co-operative Publishing Company
Publisher:
Total Pages: 1336
Release: 1910
Genre: Law reports, digests, etc
ISBN:

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The Power of Precedent

The Power of Precedent
Author: Michael J. Gerhardt
Publisher: Oxford University Press
Total Pages: 353
Release: 2011
Genre: Law
ISBN: 0199795797

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The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides.


The Politics of Precedent on the U.S. Supreme Court

The Politics of Precedent on the U.S. Supreme Court
Author: Thomas G. Hansford
Publisher: Princeton University Press
Total Pages: 170
Release: 2018-06-05
Genre: Law
ISBN: 0691188041

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The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.


Settled Versus Right

Settled Versus Right
Author: Randy J. Kozel
Publisher: Cambridge University Press
Total Pages: 191
Release: 2017-06-06
Genre: Law
ISBN: 110712753X

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This book analyzes the theoretical nuances and practical implications of how judges use precedent.