Stare Indecisis by Saul Brenner
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Stare Indecisis
By Saul Brenner

Stare Indecisis

The Alteration of Precedent on the Supreme Court, 1946-1992

By (author) See other recent books by Saul Brenner See other recent books by Harold J. Spaeth
Format: Hardback

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Stare Indecisis by Saul Brenner

Book Description

Although 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 Details

ISBN: 9780521451888
ISBN-10: 0521451884
Format: Hardback
(228mm x 152mm x 13mm)
Pages: 168
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 28-Apr-1995
Country of Publication: United Kingdom

Other Editions...


Books By Author Saul Brenner

Strategy on the United States Supreme Court by 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 by Saul Brenner Stare Indecisis, Paperback (November 2006)

This book analyses those decisions that formally altered precedent.

» View all books by Saul Brenner

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