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Precedent in the United States Supreme Court

2014-02-11 Law
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Release : 2014-02-11
Genre : Law
Kind : eBook
Book Rating : 518/5 ( reviews)

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Book Synopsis Precedent in the United States Supreme Court by : Christopher J. Peters

Download or read book Precedent in the United States Supreme Court written by Christopher J. Peters. This book was released on 2014-02-11. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Settled Versus Right

2017-06-06 Law
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Release : 2017-06-06
Genre : Law
Kind : eBook
Book Rating : 53X/5 ( reviews)

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Book Synopsis Settled Versus Right by : Randy J. Kozel

Download or read book Settled Versus Right written by Randy J. Kozel. This book was released on 2017-06-06. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Settled Versus Right

2017-06-06 Law
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Release : 2017-06-06
Genre : Law
Kind : eBook
Book Rating : 658/5 ( reviews)

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Book Synopsis Settled Versus Right by : Randy J. Kozel

Download or read book Settled Versus Right written by Randy J. Kozel. This book was released on 2017-06-06. Available in PDF, EPUB and Kindle. Book excerpt: In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.

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

2018-06-05 Law
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Release : 2018-06-05
Genre : Law
Kind : eBook
Book Rating : 041/5 ( reviews)

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Book Synopsis The Politics of Precedent on the U.S. Supreme Court by : Thomas G. Hansford

Download or read book The Politics of Precedent on the U.S. Supreme Court written by Thomas G. Hansford. This book was released on 2018-06-05. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Precedent and Disagreement

2018 Law
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Release : 2018
Genre : Law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Precedent and Disagreement by : Glen Staszewski

Download or read book Precedent and Disagreement written by Glen Staszewski. This book was released on 2018. Available in PDF, EPUB and Kindle. Book excerpt: Book review of Settled Versus Right: A Theory of Precedent, by Randy J. Kozel.

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