STARE INDECISIS by Saul Brenner, Harold J. Spaeth ( 9780521451888 )

Item Details

Title:

STARE INDECISIS
THE ALTERATION OF PRECEDENT ON THE SUPREME COURT, 1946-1992

By:

Format:

Hardback

List price:	£90.00
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ISBN 10:

0521451884

ISBN 13:

9780521451888

Publisher:

CAMBRIDGE UNIVERSITY PRESS

Pub. date:

28 April, 1995

Pages:

168

Description:

This book presents a full-length empirical study of why US Supreme Court justices have chosen to alter precedent.

Synopsis:

Although the concept of precedent is basic to the operation of the legal system, there has not yet been a full-length empirical study of why US Supreme Court justices have chosen to alter precedent. This book attempts to fill this gap by analyzing those decisions of the Vinson, Warren, and Burgers courts, as well as the first six terms of the Rehnquist Court - a span of 47 years (1946-1992) - which formally altered precedent. The authors summarize previous studies of precedent and the Court, assess the conference voting of justices, and compile a list of overruling and overruled cases. Additionally, the authors draw a distinction between personal and instituional stare decisis. By using the attitudinal model of Supreme Court decision making, the authors find that it is the individual justices' ideologies which explain their voting behavior.

Illustrations:

40 b/w illus.

Publication:

Imprint:

Cambridge University Press

Returns:

Returnable

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