The power of precedent
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The power of precedent

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Published by University Press in Oxford ; New York .
Written in English

Subjects:

  • Stare decisis -- United States,
  • Law -- United States -- Interpretation and construction

Book details:

Edition Notes

Includes index.

StatementMichael J. Gerhardt.
Classifications
LC ClassificationsKF429 .G47 2008
The Physical Object
Paginationp. cm.
ID Numbers
Open LibraryOL17975912M
ISBN 109780195150506
LC Control Number2007023693

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Read the full-text online edition of The Power of Precedent (). Home» Browse» Books» Book details, The Power of Precedent. The Power of Precedent. By Michael J. Gerhardt Taking up a topic long overdue for comprehensive treatment,Gerhardt provides the first book-length analysis of precedent by a legal scholar in several decades. Jan 01,  · The Power of Precedent book. Read reviews from world’s largest community for readers. The role that precedent plays in constitutional decision making is /5(3). "The Power of Precedent" provides an excellent account of the doctrine of precedence and why it has been a foundational structure of a common law legal system. Although this structure appears to have withstood the test of time throughout the common law world, modern jurists are beginning to examine the cracks in it with a sharp eye.5/5. 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? The Power of Precedent.

In this book Professor Michael Gerhardt provides the first comprehensive effort to use both social science methods and conventional legal analysis to explain the role of precedent in constitutional law. His analysis demonstrates how precedent influences more than social scientists claim, but less than most scholars claim. He further shows how precedent, broadly understood, performs multiple. Feb 12,  · 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? The Power of Precedent Michael J. Gerhardt. First comprehensive study to focus on the concept of precedent to appear in several decades; Timely topic: the concept of precedent has been and continues to be a hotly contested issue for the Supreme Court and among politicos. Updated to reflect recent legal cases, 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 Court's past opinions, but also norms, historical practices, and traditions that the Author: Michael J. Gerhardt.

Get this from a library! The power of precedent. [Michael J Gerhardt] -- The role that precedent plays in constitutional decision-making is a perennially divisive subject among legal scholars and political scientists. The debate rages over both empirical and normative. The Power of Precedent - Ebook written by Michael J. Gerhardt. Read this book using Google Play Books app on your PC, android, iOS devices. Download for offline reading, highlight, bookmark or take notes while you read The Power of nuamooreaid.com: Michael J. Gerhardt. Michael Gerhardt’s THE POWER OF PRECEDENT is an impressive achievement. The book is Gerhardt’s effort to “bridge[] the chasm” (p.3) that is all too familiar to readers of the LPBR: the divide between legal scholars who view precedent (and law more generally) as a substantial influence on judicial thought and action and social scientists. this project. (Admittedly, three authors for a book review may be excessive, but it seems only fair a case as precedent, what can the judges do at the front end of the pro- of the “judicial Power” in Article III, or a mere “judicial policy” that.