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Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


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Settled versus Right: A Theory of Precedent


ISBN13: 9781107566521
Published: July 2017
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £31.99



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In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. The problem with the US Supreme Court's approach to precedent is not that the Justices are behaving in an unprincipled manner. The problem is that the modern doctrine of precedent is undermined by principled disagreements among Justices acting in good faith. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the role of the Supreme Court and the trajectory of constitutional law.

Subjects:
Other Jurisdictions , USA
Contents:
Introduction
1. Framing the study of the precedent
2. The stakes of deference
3. Strength of constraint
4. Scope of applicability
5. Precedent and pluralism
6. Precedential strength in doctrinal perspective
7. Precedential strength in structural perspective
8. Compromise, common ground, and precedential scope
9. Implication and transitions
10. From second best to first principles
Conclusion.