Majority Rule or Minority Will: Adherence to Precedent on the U.S. Supreme Courtby Harold J. Spaeth, Jeffrey A. Segal
Pub. Date: 05/28/2013
Publisher: Cambridge University Press
This book examines the influence of precedent on the behavior of U.S. Supreme Court justices throughout the Court's history. Under 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 results show chat when justices disagree with the establishment of a precedent, they rarely shift from their previously stated views in subsequent cases. In other words, they are hardly ever influenced by precedent. Nevertheless, the doctrine of stare decisis does exhibit some low level influence on the justices in the least salient of the Court's decisions. The book examines these findings in light of several leading theories of judicial decision making.
- Cambridge University Press
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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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