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

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

by Harold J. Spaeth
     
 

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 that when justices disagree with the establishment of a precedent, they… See more details below

Overview

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 that 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.

Product Details

ISBN-13:
9780521624244
Publisher:
Cambridge University Press
Publication date:
05/28/2013
Pages:
359
Product dimensions:
5.98(w) x 8.98(h) x 0.98(d)

Table of Contents

List of Tables and Figures
Preface
1Precedent and the Court1
2Measuring Precedential Behavior23
3Precedential Behavior from the Beginning through the Chase Court45
4Precedential Behavior Bridging the Nineteenth and Twentieth Centuries77
5Precedential Behavior in the Hughes, Stone, and Vinson Courts125
6Precedential Behavior in the Warren Court163
7Precedential Behavior in the Burger Court208
8Precedential Behavior in the Rehnquist Court272
9The Supreme Court and Stare Decisis287
References316
Table of Cases323
Index349

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