Majority Rule or Minority Will: Adherence to Precedent on the U.S. Supreme Court / Edition 1
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Majority Rule or Minority Will: Adherence to Precedent on the U.S. Supreme Court / Edition 1

by Harold J. Spaeth, Jeffrey A. Segal
     
 

ISBN-10: 0521805716

ISBN-13: 9780521805711

Pub. Date: 07/28/2012

Publisher: Cambridge University Press

This book examines the influence of precedent on the behavior of the US Supreme Court justices throughout the Court's history. Supreme Court justices almost always "follow" precedent, in that they always cite precedents for the positions they take. Because there are always precedents on either side of a case for justices to follow, following precedent does not mean

Overview

This book examines the influence of precedent on the behavior of the US Supreme Court justices throughout the Court's history. Supreme Court justices almost always "follow" precedent, in that they always cite precedents for the positions they take. Because there are always precedents on either side of a case for justices to follow, following precedent does not mean that the justices are ever influenced by precedent. Employing the assumption that for precedent to be an influence on the behavior of justices, it must lead to a result they would not otherwise have reached, the authors show that precedent rarely controls the justices' votes.

Product Details

ISBN-13:
9780521805711
Publisher:
Cambridge University Press
Publication date:
07/28/2012
Edition description:
1 PBK ED
Pages:
378
Product dimensions:
5.98(w) x 8.98(h) x 0.83(d)

Table of Contents

List of tables and figures; Preface; 1. Precedent and the Court; 2. Measuring precedential behavior; 3. Precedential behavior from the beginning through the Chase Court; 4. Precedential behavior bridging the 19th and 20th centuries; 5. Precedential behavior in the Hughes, Stone, and Vinson courts; 6. Precedential behavior in the Warren court; 7. Precedential behavior in the Burger Court; 8. Precedential behavior in the Rehnquist court; 9. The Supreme court and state decisions; 10. Conclusions; List of references; Case index; Subject/name index.

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