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Vol 21 No 11 Nov/Dec 2016

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Stare Indecisis: The Alteration of Precedent on the Supreme Court, 1946-1992


ISBN13: 9780521451888
ISBN: 0521451884
Published: April 1997
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £69.99



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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.

Subjects:
Other Jurisdictions , USA
Contents:
1. Preface
2. A survey of the empirical literature
3. A list of cases
4. Some characteristics of the overruling and the overruled cases
5. The conference votes
6. Attitudinal voting
7. Personal and institutional stare decisis
8. Ideology
9. Conclusion
Appendices.