STARE INDECISIS by Saul Brenner, Harold J. Spaeth ( 9780521585521 )

Item Details

Title:

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

By:

Saul Brenner, Harold J. Spaeth

Format:

Paperback

List price:

£30.99

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£27.12

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12.5% off

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£3.87

ISBN 10:

052158552X

ISBN 13:

9780521585521

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Publisher:

CAMBRIDGE UNIVERSITY PRESS

Pub. date:

29 August, 2006

Pages:

168

Description:

This book analyses those decisions that formally altered precedent.

Synopsis:

The concept of precedent is basic to the operation of the legal system, and this book is a full-length empirical study of why US Supreme Court justices have chosen to alter precedent. It attempts to analyse those decisions of the Vison, Warren and Burger Courts, as well as the first six terms of the Rehnquist Court - a span of 47 years (1946-1992) - that 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 institutional stare decisis. By using the attitudinal model of Supreme Court decision-making, which is normally seen as antithetical to the legal mode of voting, the authors find that it is the individual justices' ideologies which explain their voting behavior.

Publication:

Imprint:

Cambridge University Press

Returns:

Returnable

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