Read The Power of Precedent by Michael J. Gerhardt Online
Read [Michael J. Gerhardt Book] ! The Power of Precedent Online ! PDF eBook or Kindle ePUB free. The Power of Precedent 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 justices have deliberately chosen to follow. Ultimately, The Power of Precedent vividly illustrates how constitutional law is made and evolves both in and outside of the courts.. The role that precedent plays in constitutional decision making is a perennially divisive subject among scholars of law and American politics. The rule c
| Title | : | The Power of Precedent |
| Author | : | |
| Rating | : | 4.54 (793 Votes) |
| Asin | : | 0199795797 |
| Format Type | : | paperback |
| Number of Pages | : | 368 Pages |
| Publish Date | : | 2015-05-31 |
| Language | : | English |
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 justices have deliberately chosen to follow. Ultimately, The Power of Precedent vividly illustrates how constitutional law is made and evolves both in and outside of the courts.. The role that precedent plays in constitutional decision making is a perennially divisive subject among scholars of law and American politics. 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. 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. 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. Gerhardt's 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
Whether or not one agrees with Michael Gerhardt's particular solution, all readers will find themselves illuminated by Gerhardt's 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, Chair of Law and Professor of Government, University of Texas-Austin, and author of Our Undemocratic Constitution"Michael Gerhardt's sophisticated and subtle book is the definitive treatment of how precedent really works in constitutional law. At long last, let the conversation begin."--Lee Epstein, Professor, Northwestern University, and co-author of Advice and Consent. Strauss, Professor of Law, University of Chicago Law School, and author of The Living Constitution"When the subject is precedent, social scientists and legal academics often talk past each other. It should be the starting point for all futu
Ruling from the grave: The story of judicial precedent The public may not be aware how integral the doctrine of precedence (or known in jurisprudence as "the doctrine of stare decisis") is in a common law system of law, much less how the doctrine works. Even a practising lawyer who is expected to have a working knowledge of the doctrine may often find to his amazement that the court had rejected his argument which he (the lawyer) believed was based incontrovertibly on a precedent. The reason for this
He is one of the foremost scholars on constitutional conflicts between the president and congress, and he has testified numerous times before congress, including as the only joint witness before the house judiciary committee's hearings on the history of impeachment. . He served as CNN's resident expert during President Clinton's impeachment proceedings and a frequent commentator
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