Author: Christopher J. Peters
Publisher: Springer Science & Business Media
ISBN: 9400779518
Category : Law
Languages : en
Pages : 231
Book Description
This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.
Precedent in the United States Supreme Court
Author: Christopher J. Peters
Publisher: Springer Science & Business Media
ISBN: 9400779518
Category : Law
Languages : en
Pages : 231
Book Description
This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.
Publisher: Springer Science & Business Media
ISBN: 9400779518
Category : Law
Languages : en
Pages : 231
Book Description
This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.
"Stare Decisis"
Author: Gero Dolezalek
Publisher:
ISBN:
Category : Cape Town (South Africa)
Languages : en
Pages : 40
Book Description
Publisher:
ISBN:
Category : Cape Town (South Africa)
Languages : en
Pages : 40
Book Description
Settled Versus Right
Author: Randy J. Kozel
Publisher: Cambridge University Press
ISBN: 110712753X
Category : Law
Languages : en
Pages : 191
Book Description
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Publisher: Cambridge University Press
ISBN: 110712753X
Category : Law
Languages : en
Pages : 191
Book Description
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
STARE DECISIS, THE CHARTER AND THE RULE OF LAW IN THE SUPREME COURT OF CANADA.
Author: LAWRENCE. DAVID
Publisher:
ISBN: 9780433506096
Category :
Languages : en
Pages :
Book Description
Publisher:
ISBN: 9780433506096
Category :
Languages : en
Pages :
Book Description
Stare Indecisis
Author: Saul Brenner
Publisher: Cambridge University Press
ISBN: 9780521451888
Category : Law
Languages : en
Pages : 182
Book Description
This book presents a full-length empirical study of why US Supreme Court justices have chosen to alter precedent.
Publisher: Cambridge University Press
ISBN: 9780521451888
Category : Law
Languages : en
Pages : 182
Book Description
This book presents a full-length empirical study of why US Supreme Court justices have chosen to alter precedent.
Exploring the Vitality of Stare Decisis in America
Author: Zena D. Crenshaw-Logal
Publisher: Universal-Publishers
ISBN: 1612331203
Category : Political Science
Languages : en
Pages : 92
Book Description
Grassroots advocates, public interest attorneys, and legal scholars gathered in October 2011 at the University of Baltimore for the debut symposium of "The Matthew Fogg Symposia On The Vitality of Stare Decisis In America." Convening such a broad and in many ways diverse audience, requires the program series to be worthwhile academically, yet have populist appeal. Towards that end, the event website explains: "It is both scholarly and practical to examine the current vitality of stare decisis as a legal doctrine in America." That we use Latin to describe the concept suggests it is complex, mysterious, and beyond the cares of most Americans. Yet stare decisis, sometimes called the "doctrine of precedent," arguably preserves what is among their most valued treasures, the legitimacy of America's judiciary. Presumably our administration of justice remains stable, predictable, efficient, and welfare-enhancing by requiring courts to follow earlier resolutions of cases with comparable facts, circumstances, and/or law known as precedent. The Fogg symposia combine panels of public interest attorneys and law professors to consider whether compliance with stare decisis is reasonably assured in America given certain prescribed factors. In gathering, we not only witness their analyses in the context of stare decisis, but observe how the overall exchange impacts the analysis of each participant. This book is a report on the effort, touted as the most inclusive, important examination of American courts.
Publisher: Universal-Publishers
ISBN: 1612331203
Category : Political Science
Languages : en
Pages : 92
Book Description
Grassroots advocates, public interest attorneys, and legal scholars gathered in October 2011 at the University of Baltimore for the debut symposium of "The Matthew Fogg Symposia On The Vitality of Stare Decisis In America." Convening such a broad and in many ways diverse audience, requires the program series to be worthwhile academically, yet have populist appeal. Towards that end, the event website explains: "It is both scholarly and practical to examine the current vitality of stare decisis as a legal doctrine in America." That we use Latin to describe the concept suggests it is complex, mysterious, and beyond the cares of most Americans. Yet stare decisis, sometimes called the "doctrine of precedent," arguably preserves what is among their most valued treasures, the legitimacy of America's judiciary. Presumably our administration of justice remains stable, predictable, efficient, and welfare-enhancing by requiring courts to follow earlier resolutions of cases with comparable facts, circumstances, and/or law known as precedent. The Fogg symposia combine panels of public interest attorneys and law professors to consider whether compliance with stare decisis is reasonably assured in America given certain prescribed factors. In gathering, we not only witness their analyses in the context of stare decisis, but observe how the overall exchange impacts the analysis of each participant. This book is a report on the effort, touted as the most inclusive, important examination of American courts.
The Oxford Handbook of U.S. Judicial Behavior
Author: Lee Epstein
Publisher: Oxford University Press
ISBN: 019957989X
Category : Political Science
Languages : en
Pages : 625
Book Description
"[This book offers] an introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S...[This handbook] describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book."--
Publisher: Oxford University Press
ISBN: 019957989X
Category : Political Science
Languages : en
Pages : 625
Book Description
"[This book offers] an introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S...[This handbook] describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book."--
Precedents and Case-Based Reasoning in the European Court of Justice
Author: Marc Jacob
Publisher: Cambridge University Press
ISBN: 1107045495
Category : Law
Languages : en
Pages : 357
Book Description
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Publisher: Cambridge University Press
ISBN: 1107045495
Category : Law
Languages : en
Pages : 357
Book Description
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
A Treatise on the Doctrines of Res Adjudicata and Stare Decisis
Author: John Cleland Wells
Publisher:
ISBN:
Category : Res judicata
Languages : en
Pages : 668
Book Description
Publisher:
ISBN:
Category : Res judicata
Languages : en
Pages : 668
Book Description