Ius Gentium: Comparative Perspectives on Law and Justice

Precedent in the United States Supreme Court

Editors: Peters, Christopher J. (Ed.)

  • A diversity of scholarly perspectives provides an unique overview of important Supreme Court precedent
  • Contributions by top legal scholars makes this the "go-to" reference on the topic
  • Provides a comparative framework for debates about precedent in civil-law and emerging legal systems
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eBook $99.00
price for USA (gross)
  • ISBN 978-94-007-7951-8
  • Digitally watermarked, DRM-free
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  • Immediate eBook download after purchase
Hardcover $129.00
price for USA
  • ISBN 978-94-007-7950-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $129.00
price for USA
  • Customers within the U.S. and Canada please contact Customer Service at 1-800-777-4643, Latin America please contact us at +1-212-460-1500 (Weekdays 8:30am – 5:30pm ET) to place your order.
  • Due: October 20, 2016
  • ISBN 978-94-017-7986-9
  • Free shipping for individuals worldwide
About this book

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.

Table of contents (10 chapters)

  • Introduction

    Peters, Christopher J.

    Pages 1-17

  • The Dialectic of Stare Decisis Doctrine

    Starger, Colin

    Pages 19-45

  • Did Casey Strike Out? Following and Overruling Constitutional Precedents in the Supreme Court

    Alexander, Larry

    Pages 47-61

  • An Epistemic Defense of Precedent

    Hellman, Deborah

    Pages 63-76

  • Private-Rights Litigation and the Normative Foundations of Durable Constitutional Precedent

    Stearns, Maxwell L.

    Pages 77-100

Buy this book

eBook $99.00
price for USA (gross)
  • ISBN 978-94-007-7951-8
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $129.00
price for USA
  • ISBN 978-94-007-7950-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $129.00
price for USA
  • Customers within the U.S. and Canada please contact Customer Service at 1-800-777-4643, Latin America please contact us at +1-212-460-1500 (Weekdays 8:30am – 5:30pm ET) to place your order.
  • Due: October 20, 2016
  • ISBN 978-94-017-7986-9
  • Free shipping for individuals worldwide
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Bibliographic Information

Bibliographic Information
Book Title
Precedent in the United States Supreme Court
Editors
  • Christopher J. Peters
Series Title
Ius Gentium: Comparative Perspectives on Law and Justice
Series Volume
33
Copyright
2013
Publisher
Springer Netherlands
Copyright Holder
Springer Science+Business Media Dordrecht
eBook ISBN
978-94-007-7951-8
DOI
10.1007/978-94-007-7951-8
Hardcover ISBN
978-94-007-7950-1
Softcover ISBN
978-94-017-7986-9
Series ISSN
1534-6781
Edition Number
1
Number of Pages
VII, 231
Number of Illustrations and Tables
3 illustrations in colour
Topics