//]]>
Normal View MARC View ISBD View

Precedent in the United States Supreme Court

by Peters, Christopher J.
Authors: SpringerLink (Online service) Series: Ius Gentium: Comparative Perspectives on Law and Justice, 1534-6781 ; . 33 Physical details: VII, 231 p. 3 illus. in color. online resource. ISBN: 9400779518 Subject(s): Law. | Philosophy of law. | Constitutional law. | Law. | Constitutional Law. | Philosophy of Law. | Political Science, general. | Theories of Law, Philosophy of Law, Legal History.
Tags from this library:
No tags from this library for this title.
Item type Location Call Number Status Date Due
E-Book E-Book AUM Main Library 342 (Browse Shelf) Not for loan

Contributors -- Introduction; Christopher J. Peters -- 1 The Dialectic of Stare Decisis Doctrine; Colin Starger -- 2 Did Casey Strike Out? Following and Overruling Constitutional Precedents in the Supreme Court; Larry Alexander -- 3 An Epistemic Defense of Precedent; Deborah Hellman -- 4 Private-Rights Litigation and the Normative Foundations of Durable Constitutional Precedent ; Maxwell L. Stearns -- 5 Group Formation and Precedent; Neal Devins -- 6 Stare Decisis and the Selection Effect; Frederick Schauer -- 7 Methodological Stare Decisis and Constitutional Interpretation; Chad M. Oldfather -- 8 Constitutional Method and the Path of Precedent; Randy J. Kozel -- 9 Originalism, Stare Decisis, and Constitutional Authority; Christopher J. Peters -- Index.

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.

There are no comments for this item.

Log in to your account to post a comment.

Languages: 
English |
العربية