Stare Indecisis: The Alteration of Precedent on the Supreme Court, 1946 1992
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About the Book
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 U.S. Supreme Court justices have chosen to alter precedent. This book attempts to fill this gap by analyzing those decisions of the Vinson, 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 model of voting, the authors find that it is the individual justices' ideologies which explain their voting behavior.

Book Details
ISBN-13: 9780521451888
EAN: 9780521451888
Publisher Date: 14 Apr 2003
Bood Data Readership Text: Professional & Vocational
Dewey: 347.307
Height: 228 mm
Language: English
MediaMail: Y
Number of Items: 01
PrintOnDemand: N
Series Title: English
UK Availability: GXC
Year Of Publication: 1995
ISBN-10: 0521451884
Publisher: Cambridge University Press
Binding: Hardcover
Country Of Origin: United Kingdom
Gardner Classification Code: W01
Illustrations: 40 b/w illus.
LCCN: 94033753
No of Pages: 168
Pagination: 168 pages, 40 b/w illus.
Returnable: N
Spine Width: 13 mm
Width: 152 mm