The Power of Precedent - Market Research Reports - Research and Markets

Printer Friendly

Printed from http://www.researchandmarkets.com/reports/614546

The Power of Precedent

Description:

The role that precedent plays in constitutional decision making is a perennially divisive subject among scholars of law and American politics. The debate rages over both empirical and normative aspects of the issue: To what extent are the Supreme Court, Congress, and the executive branch constrained by precedent? To what extent should they be? Taking up a topic long overdue for comprehensive treatment, Michael Gerhardt connects the vast social science data and legal scholarship to provide the most wide-ranging assessment of precedent in several decades.

The Power of Precedent clearly outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides. For the Supreme Court, precedents take many forms, including not only the Courts past opinions, but also norms, historical practices, and traditions that the justices have deliberately chosen to follow. In these forms, precedent exerts more force than is commonly acknowledged. This force is encapsulated in the implementation and recognition of what Gerhardt calls the "golden rule of precedent," a major dynamic in constitutional law. The rule calls upon justices and other public authorities to recognize that since they expect others to respect their own precedents, they must provide the same respect to others precedents. Gerhardts extensive exploration of precedent leads him to formulate a more expansive definition of it, one that encompasses not only the prior constitutional decisions of courts but also the constitutional judgments of other public authorities. Gerhardt concludes his study by looking at what the future holds for the concept, as he examines the decisions and attitudes toward precedent exhibited by the shift from the Rehnquist to the Roberts Court.

Authoritative and incisive, Gerhardt presents an in-depth look at this central yet understudied phenomenon at the core of all constitutional conflicts and one of undeniable importance to American law and politics. Ultimately, The Power of Precedent vividly illustrates how constitutional law is made and evolves both in and outside of the courts.

Contents:

Introduction

1 The Patterns of Supreme Court Precedent
2 Theories of Precedent
3 The Golden Rule
4 Nonjudicial Precedent
5 The Multiple Functions of Precedent
6 Super Precedent

Conclusion: The Future of Precedent
Appendix
Notes
Index

Reviews

"To seek a solution to the problem of precedent is probably like trying to square a circle. Whether or not one agrees with Michael Gerhardts particular solution, all readers will find themselves illuminated by Gerhardts consistently interesting arguments (and the data on which they are built) and the insights they throw on the actual operation of the United States Supreme Court and its justices." -Sanford Levinson, author of Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It) "Michael Gerhardts sophisticated and subtle book is the definitive treatment of how precedent really works in constitutional law. It should be the starting point for all future discussions of this important issue." -David Strauss, Gerald Ratner Distinguished Service Professor of Law, The University of Chicago Law School "When the subject is precedent, social scientists and legal academics often talk past each other. Gerhardt takes the time to listen. The result is a sophisticated yet sensible and accessible account of the role precedent plays in judicial decisions. But more than that, it is an account that no side in the debate can afford to ignore because Gerhardt ignores no side. At long last, let the conversation begin." -Lee Epstein, Beatrice Kuhn Professor of Law and Professor of Political Science, Northwestern University

Ordering:

Order Online - visit http://www.researchandmarkets.com/reports/614546

Order by Fax - using the order form below

Order By Post - print the order form below and send to

Research and Markets,
Guinness Centre,
Taylors Lane,
Dublin 8,
Ireland.

Page 1 of 2
Printed 02/12/2008 07:29:41

Fax Order Form

To place an order via fax simply print this form, fill in the information below and fax the completed form to the number at the bottom of this page. If you have any questions please email help@researchandmarkets.com

Order information

Please verify that the product information is correct and select the format you require.


Product Name:
The Power of Precedent
Web Address:
http://www.researchandmarkets.com/reports/614546
Office Code:
OCIFGMOLQOT

Report formats

Please enter the quantity of the report format you require.

	Format	Quantity	Price
	Electronic (PDF) - Single User		€48.00

Contact information

Please enter all the information below in BLOCK CAPITALS.


	First Name:	Last Name:
	Email Address:
	Job Title:
	Organisation:
	Address:
	City:
	Postal/Zip Code:
	Country:
	Phone Number:
	Fax Number:

Please fax this form to:
(646) 607-1907 or (646) 964-6609 - From USA
+353 1 481 1716 or +353 1 653 1571 - From Rest of World

Page 2 of 2
Printed 02/12/2008 07:29:41

Payment information

Please indicate the payment method you would like to use by selecting the appropriate box.

Pay by Credit Card:

	American Express
	Diners Club
	Master Card
	Visa


Cardholder Name:

Expiry Date:	/

Card Number:

CVV Security Code:

Issue Date:	/ (Diners Club only)

Pay by Check:

Please post the check, accompanied by this form, to:

Research and Markets,
Guinness Centre,
Taylors Lane,
Dublin 8,
Ireland.

Pay by Wire Transfer:

Please transfer funds to:


Account number:	83313083
Sort code:	98-53-30
Swift code:	ULSBIE2D
IBAN number:	IE78ULSB98533083313083
Bank Address:	Ulster Bank, 27-35 Main St, Blackrock, Co. Dublin, Ireland.

If you have a Marketing Code please enter it below:
	Marketing Code:

Please note that by ordering from Research and Markets you are agreeing to our Terms and Conditions at http://www.researchandmarkets.com/info/terms.asp

Please fax this form to:
(646) 607-1907 or (646) 964-6609 - From USA
+353 1 481 1716 or +353 1 653 1571 - From Rest of World