The Alteration of Precedent on the Supreme Court, 1946-1992
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Stare Indecisis by Saul Brenner
Book DescriptionAlthough the concept of precedent is basic to the operation of the legal system, there has not yet been a full-length empirical study of why US Supreme Court justices have chosen to alter precedent. This book attempts to fill this gap by analyzing those decisions of the Vinson, Warren, and Burgers courts, as well as the first six terms of the Rehnquist Court - a span of 47 years (1946-1992) - which formally altered precedent. The authors summarize previous studies of precedent and the Court, assess the conference voting of justices, and compile a list of overruling and overruled cases. Additionally, the authors draw a distinction between personal and instituional stare decisis. By using the attitudinal model of Supreme Court decision making, the authors find that it is the individual justices' ideologies which explain their voting behavior.
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Book DetailsISBN: 9780521451888
(228mm x 152mm x 13mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 28-Apr-1995
Country of Publication: United Kingdom
Books By Author Saul Brenner
Strategy on the United States Supreme Court, Paperback (February 2009)
This book reveals how strategic behavior - or its absence - influences the decisions of the Supreme Court and, as a result, American politics and society.
Stare Indecisis, Paperback (November 2006)» View all books by Saul Brenner
This book analyses those decisions that formally altered precedent.
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