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Vol 23 No 6 June/July 2018

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Majority Rule or Minority Will? Adherence to Precedent on the U.S. Supreme Court

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Harold J. SpaethMichigan State University, Jeffrey A. SegalState University of New York, Stony Brook

ISBN13: 9780521624244
ISBN: 052162424X
Published: October 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £52.00

Despatched in 7 to 9 days.

This book examines the influence of precedent on the behavior of US Supreme Court justices throughout the Court's history. Under the assumption that for precedent to be an influence on the behavior of justices it must lead to a result they would not otherwise have reached, the results show that when justices disagree with the establishment of a precedent, they rarely shift from their previously stated views in subsequent cases. In other words, they are hardly ever influenced by precedent. Nevertheless, the doctrine of stare decisis does exhibit some low level influence on the justices in the least salient of the Court's decisions. The book examines these findings in light of several leading theories of judicial decision making.

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Other Jurisdictions , USA
List of tables and figures
1. Precedent and the Court
2. Measuring precedential behavior
3. Precedential behavior from the beginning through the Chase Court
4. Precedential behavior bridging the 19th and 20th centuries
5. Precedential behavior in the Hughes, Stone, and Vinson courts
6. Precedential behavior in the Warren court
7. Precedential behavior in the Burger Court
8. Precedential behavior in the Rehnquist court
9. The Supreme court and state decisions
10. Conclusions
List of references
Case index
Subject/name index.