Stare indecisis - The alteration of precedent on the Supreme Court, 1946-1992

Saul Brenner, Harold J. Spaeth

Cambridge University Press

1995

151 páginas

5h 2m

ISBN-10: 0521451884

Although the concept of precedent is basic to the operation of the legal system, there have not been many full-length empirical studies of why U.S. Supreme Court justices have chosen to alter precedent. This book attempts to help fill this gap by analyzing those decisions of the Vinson, Warren, and Burger Courts, as well as the first six terms of the Rehnquist Court--a span of forty-seven years (1946-1992)--that 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.