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US Supreme Court Doctrine in the State High Courts (Hardcover, New Ed)
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US Supreme Court Doctrine in the State High Courts (Hardcover, New Ed)
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US Supreme Court Doctrine in the State High Courts challenges
theoretical and empirical accounts about how state high courts use
US Supreme Court doctrine and precedent. Michael Fix and Benjamin
Kassow argue that theories that do not account for the full range
of ways in which state high courts can act are, by definition,
incomplete. Examining three important precedents - Atkins v.
Virginia, Lemon v. Kurtzman, and DC v. Heller/McDonald v. Chicago -
Fix and Kassow find that state high courts commonly ignore Supreme
Court precedent for reasons of political ideology, path dependence,
and fact patterns in cases that may be of varying similarity to
those found in relevant US Supreme Court doctrine. This work, which
provides an important addition to the scholarly literature on the
impact of Supreme Court decisions, should be read by anyone
interested in law and politics or traditional approaches to the
study of legal decision-making.
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