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| Author | : Michael J. Gerhardt |
| Publisher | : Oxford University Press |
| Total Pages | : 353 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 0199795797 |
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.
| Author | : Randy J. Kozel |
| Publisher | : Cambridge University Press |
| Total Pages | : 191 |
| Release | : 2017-06-06 |
| Genre | : Law |
| ISBN | : 110712753X |
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
| Author | : Christopher J. Peters |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 233 |
| Release | : 2014-02-11 |
| Genre | : Law |
| ISBN | : 9400779518 |
This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.
| Author | : Bryan A. Garner |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Judicial process |
| ISBN | : 9780314634207 |
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.
| Author | : Joel Richard Paul |
| Publisher | : Penguin |
| Total Pages | : 514 |
| Release | : 2019-02-19 |
| Genre | : Biography & Autobiography |
| ISBN | : 0525533281 |
From the author of Unlikely Allies and Indivisible comes the remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States—the longest-serving in history—he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman—born in Virginia in 1755 and with little formal education—invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.
| Author | : Laurence Goldstein |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 304 |
| Release | : 1987 |
| Genre | : Stare decisis |
| ISBN | : |
It has been said that precedent is the life blood of legal systems. Certainly, an understanding of precedent is vital to an understanding of the workings of law. The principle that decisions should follow those of past similar cases seems simple enough, yet it turns out to be beset with difficulties. What is the justification for following precedents? Do we want absolute, unswerving following of past decisions or a weaker implementation that allows for limited departures? What social and theoretical forces wrought changes in the doctrine? Are judicial pronouncements on precedent rules or just conventions? How do we identify the ratio decidendi of a case? What are the means by which a general "projectable" conclusion may be elicited from a particular judgment? These are some of the problems addressed by contributors to this volume.
| Author | : Scott Brewer |
| Publisher | : Routledge |
| Total Pages | : 401 |
| Release | : 2013-06-17 |
| Genre | : Philosophy |
| ISBN | : 1135643024 |
At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.
| Author | : Thomas G. Hansford |
| Publisher | : Princeton University Press |
| Total Pages | : 170 |
| Release | : 2008-07-21 |
| Genre | : History |
| ISBN | : 0691136335 |
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.
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| Author | : G. P. Borden |
| Publisher | : John Wiley & Sons |
| Total Pages | : 480 |
| Release | : 2010-03-22 |
| Genre | : Architecture |
| ISBN | : 0470477296 |
A comprehensive, richly illustrated catalog focusing on materials used in great twentieth-century architecture Viewed primarily in technical terms pertaining to construction, material has often been overlooked in the discourse on architectural design. Yet, it is material that breathes life into architecture by realizing concepts into meaningful physical forms. Whether it is wood, glass, steel, plastic, or concrete, material can be employed with unlimited flexibility and carries both visual and emotional characteristics through its expression. The first book of its kind to focus on materiality from a design perspective, Material Precedent is masterfully presented, with an impressive collection of crisp line drawings along with historical, material, tectonic, and typological analysis of twentieth-century buildings, providing readers with detailed instruction that traces the traditions and trends of material as the defining premise in the making of architecture. This unrivaled text: Is illustrated throughout with detailed line drawings Is perfect for use in a design studio or simply for understanding the role of materials in buildings, for a designer of any level Includes a companion Web site By cataloging and comparing the concepts behind modern building science using architectural precedent, Material Precedent examines structure, form, effect, detail, sustainability, and performance through material application to provide a comprehensive analysis of the materiality of architecture.
