Stare indecisis : the alteration of precedent on the Supreme Court, 1946-1992 / Saul Brenner, Harold J. Spaeth.
1995
Items
Details
Author
Title
Stare indecisis : the alteration of precedent on the Supreme Court, 1946-1992 / Saul Brenner, Harold J. Spaeth.
Added Author
Imprint
Cambridge : Cambridge University Press, 1995.
Description
1 online resource (xii, 151 pages) : digital, PDF file(s)
Formatted Contents Note
1. Introduction
2. A Survey of the Empirical Literature
3. A List of Cases
4. Some Characteristics of the Overruling and Overruled Cases
5. The Conference Votes
6. Attitudinal Voting
7. Personal and Institutional Stare Decisis
8. Ideology
9. Conclusion
Appendix I Overruling and overruled decisions of the Vinson, Warren, Burger, and Rehnquist Courts
Appendix II Cases overruled by the Vinson, Warren, Burger, and Rehnquist Courts.
2. A Survey of the Empirical Literature
3. A List of Cases
4. Some Characteristics of the Overruling and Overruled Cases
5. The Conference Votes
6. Attitudinal Voting
7. Personal and Institutional Stare Decisis
8. Ideology
9. Conclusion
Appendix I Overruling and overruled decisions of the Vinson, Warren, Burger, and Rehnquist Courts
Appendix II Cases overruled by the Vinson, Warren, Burger, and Rehnquist Courts.
Summary
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 (1946́ђأ1992) - 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.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511759215 ebook
9780521451888 (hardback)
9780521451888 (hardback)
Record Appears in