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Precedent in the United States Supreme Court (Hardcover, 2013 ed.)
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Precedent in the United States Supreme Court (Hardcover, 2013 ed.)
Series: Ius Gentium: Comparative Perspectives on Law and Justice, 33
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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.
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