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Author : Gero Dolezalek
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.3/5 (91 download)
Download or read book "Stare Decisis" written by Gero Dolezalek and published by . This book was released on 1989 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Christopher J. Peters
Publisher : Springer Science & Business Media
ISBN 13 : 9400779518
Total Pages : 231 pages
Book Rating : 4.4/5 (7 download)
Download or read book Precedent in the United States Supreme Court written by Christopher J. Peters and published by Springer Science & Business Media. This book was released on 2014-02-11 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Randy J. Kozel
Publisher : Cambridge University Press
ISBN 13 : 110712753X
Total Pages : 191 pages
Book Rating : 4.1/5 (71 download)
Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Author : LAWRENCE. DAVID
Publisher :
ISBN 13 : 9780433506096
Total Pages : pages
Book Rating : 4.5/5 (6 download)
Download or read book STARE DECISIS, THE CHARTER AND THE RULE OF LAW IN THE SUPREME COURT OF CANADA. written by LAWRENCE. DAVID and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Saul Brenner
Publisher : Cambridge University Press
ISBN 13 : 9780521451888
Total Pages : 182 pages
Book Rating : 4.4/5 (518 download)
Download or read book Stare Indecisis written by Saul Brenner and published by Cambridge University Press. This book was released on 1995-04-28 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a full-length empirical study of why US Supreme Court justices have chosen to alter precedent.
Author : Zena D. Crenshaw-Logal
Publisher : Universal-Publishers
ISBN 13 : 1612331203
Total Pages : 92 pages
Book Rating : 4.6/5 (123 download)
Download or read book Exploring the Vitality of Stare Decisis in America written by Zena D. Crenshaw-Logal and published by Universal-Publishers. This book was released on 2012 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Grassroots advocates, public interest attorneys, and legal scholars gathered in October 2011 at the University of Baltimore for the debut symposium of "The Matthew Fogg Symposia On The Vitality of Stare Decisis In America." Convening such a broad and in many ways diverse audience, requires the program series to be worthwhile academically, yet have populist appeal. Towards that end, the event website explains: "It is both scholarly and practical to examine the current vitality of stare decisis as a legal doctrine in America." That we use Latin to describe the concept suggests it is complex, mysterious, and beyond the cares of most Americans. Yet stare decisis, sometimes called the "doctrine of precedent," arguably preserves what is among their most valued treasures, the legitimacy of America's judiciary. Presumably our administration of justice remains stable, predictable, efficient, and welfare-enhancing by requiring courts to follow earlier resolutions of cases with comparable facts, circumstances, and/or law known as precedent. The Fogg symposia combine panels of public interest attorneys and law professors to consider whether compliance with stare decisis is reasonably assured in America given certain prescribed factors. In gathering, we not only witness their analyses in the context of stare decisis, but observe how the overall exchange impacts the analysis of each participant. This book is a report on the effort, touted as the most inclusive, important examination of American courts.
Author : Lee Epstein
Publisher : Oxford University Press
ISBN 13 : 019957989X
Total Pages : 625 pages
Book Rating : 4.1/5 (995 download)
Download or read book The Oxford Handbook of U.S. Judicial Behavior written by Lee Epstein and published by Oxford University Press. This book was released on 2017 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book offers] an introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S...[This handbook] describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book."--
Author : Marc Jacob
Publisher : Cambridge University Press
ISBN 13 : 1107045495
Total Pages : 357 pages
Book Rating : 4.1/5 (7 download)
Download or read book Precedents and Case-Based Reasoning in the European Court of Justice written by Marc Jacob and published by Cambridge University Press. This book was released on 2014-03-20 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Author : J. David Murphy
Publisher :
ISBN 13 :
Total Pages : 146 pages
Book Rating : 4.F/5 ( download)
Download or read book Stare Decisis in Commonwealth Appellate Courts written by J. David Murphy and published by . This book was released on 1981 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Cleland Wells
Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.3/5 (243 download)
Download or read book A Treatise on the Doctrines of Res Adjudicata and Stare Decisis written by John Cleland Wells and published by . This book was released on 1878 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William O. Douglas
Publisher :
ISBN 13 : 9780829028188
Total Pages : pages
Book Rating : 4.0/5 (281 download)
Download or read book Stare Decisis written by William O. Douglas and published by . This book was released on 1993-08-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Orville Douglas
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.F/5 ( download)
Download or read book Stare Decisis written by William Orville Douglas and published by . This book was released on 1949 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rupert Cross
Publisher : Clarendon Press
ISBN 13 : 0191024449
Total Pages : 256 pages
Book Rating : 4.1/5 (91 download)
Download or read book Precedent in English Law written by Rupert Cross and published by Clarendon Press. This book was released on 1991-06-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedent and of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable re-writing has been undertaken to update case-law and take account of the possible implications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent.
Author : Antonin Scalia
Publisher : Princeton University Press
ISBN 13 : 0691174040
Total Pages : 197 pages
Book Rating : 4.6/5 (911 download)
Download or read book A Matter of Interpretation written by Antonin Scalia and published by Princeton University Press. This book was released on 2018-01-30 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
Author : Mohamed Shahabuddeen
Publisher : Cambridge University Press
ISBN 13 : 9780521046718
Total Pages : 268 pages
Book Rating : 4.0/5 (467 download)
Download or read book Precedent in the World Court written by Mohamed Shahabuddeen and published by Cambridge University Press. This book was released on 2007-11-06 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of its views. In this book, Mohamed Shahabuddeen, a judge in the International Court of Justice, shows the extent to which the Court is guided by previous decisions, and how parties to cases themselves use the Court's decisions when framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.
Author : Mary Ann Glendon
Publisher : Simon and Schuster
ISBN 13 : 1439108684
Total Pages : 412 pages
Book Rating : 4.4/5 (391 download)
Download or read book Rights Talk written by Mary Ann Glendon and published by Simon and Schuster. This book was released on 2008-06-30 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political speech in the United States is undergoing a crisis. Glendon's acclaimed book traces the evolution of the strident language of rights in America and shows how it has captured the nation's devotion to individualism and liberty, but omitted the American traditions of hospitality and care for the community.
Author : Richard L. Hasen
Publisher : Yale University Press
ISBN 13 : 0300228643
Total Pages : 245 pages
Book Rating : 4.3/5 (2 download)
Download or read book The Justice of Contradictions written by Richard L. Hasen and published by Yale University Press. This book was released on 2018-03-20 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order
