Jump to ContentJump to Main Navigation

You are looking at 1-20 of 152 items

  • Keywords: precedents x
Clear All Modify Search

View:

The European Court and Integration

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0001
Subject:
Political Science, European Union

Provides an introduction to the book by explaining its origin, purpose, approach, and structure. The first section presents the generic question posed by the book: how is a particular mode of ... More


Nonjudicial Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0005
Subject:
Political Science, American Politics

This chapter suggests that precedent is often discounted as a source in constitutional decision making because it is usually understood narrowly as judicial decisions. But it shows that a broader ... More


Super Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0007
Subject:
Political Science, American Politics

This chapter examines the relatively rare, though highly significant circumstances in which precedents are practically immune to reconsideration or reversal. After reviewing the basic features that ... More


The Constrained Court: Law, Politics, and the Decisions Justices Make

Michael A. Bailey and Forrest Maltzman

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.001.0001
Subject:
Law, Legal History

How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? This book combines new theoretical ... More


The Judicial Construction of Europe

Alec Stone Sweet

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.001.0001
Subject:
Political Science, European Union

The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to ... More


The Power of Precedent

Michael J. Gerhardt

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.001.0001
Subject:
Political Science, American Politics

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 ... More


Sex Equality

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0004
Subject:
Political Science, European Union

The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of ... More


Forms of International Administration

Richard Caplan

in International Governance of War-Torn Territories: Rule and Reconstruction

Published in print:
2005
Published Online:
July 2005
ISBN:
9780199263455
eISBN:
9780191602726
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263450.003.0002
Subject:
Political Science, International Relations and Politics

Examines some of the more salient features of international administrations. Differentiates the various types of administrations on the basis of the degree of authority that they possess—ranging from ... More


On Law, Politics, and Judicialization

Martin Shapiro and Alec Stone Sweet

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.001.0001
Subject:
Political Science, Comparative Politics

Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy, and ... More


Introduction

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0001
Subject:
Political Science, American Politics

The introduction provides an overview of the basic arguments in the book. It explains basic terminology used in the book and the likely significance of the book in the voluminous literature on ... More


The Patterns of Supreme Court Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0002
Subject:
Political Science, American Politics

This chapter provides a detailed overview of the Supreme Court's handling of precedent from the Jay Court through the Rehnquist Court. It examines the principal patterns in the justices' approach to ... More


Theories of Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0003
Subject:
Political Science, American Politics

This chapter critically examines the most prominent theories which social scientists and legal scholars have developed to explain the role of precedent in constitutional law. It shows that legal ... More


The Golden Rule

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0004
Subject:
Political Science, American Politics

This chapter examines the multiple factors (ignored by most social scientists and legal scholars) limiting the path dependency of precedent—or the extent to which precedent forecloses or mandates ... More


The Multiple Functions of Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0006
Subject:
Political Science, American Politics

In this chapter Professor Gerhardt demonstrates that precedents end up influencing and contributing to constitutional law in many ways other than constraint, which is the predominant concern of ... More


Conclusion: The Future of Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0008
Subject:
Political Science, American Politics

In the conclusion Gerhardt reviews the basic arguments made throughout the book about the role of precedent in constitutional law, as well as the ramifications of the Roberts Court's handling of ... More


Towards a Theory of Stare Decisis

Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0003
Subject:
Political Science, Comparative Politics

This paper, which was originally published in The Journal of Legal Studies in 1972, is the first of two that examine some of the problems posed by the method of law-making that is associated with the ... More


Path Dependence, Precedent, and Judicial Power

Alec Stone Sweet

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0004
Subject:
Political Science, Comparative Politics

This paper is the first part of a much longer version (co-authored by Maragaret McCown) that was presented at the Colloquium on Law, Economics, and Politics, at the Law School, New York University, ... More


Two Conceptions of A Priori Justification

Albert Casullo

in A Priori Justification

Published in print:
2003
Published Online:
May 2006
ISBN:
9780195115055
eISBN:
9780199786190
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195115058.003.0003
Subject:
Philosophy, Metaphysics/Epistemology

This chapter examines two conceptions of a priori justification: (AP1) S’s belief that p is justified a priori if and only if S’s belief that p is nonexperientially justified; and (AP2) S’s belief ... More


Causes and Consequences of Diverse Legal Values

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0005
Subject:
Law, Legal History

This chapter discusses how historical context and personal experiences influence the legal values of justices, but the connections are imperfect and unpredictable. It argues that legal values are not ... More


Statutory Provisions and Higher Court Interpretations

Louis Kaplow

in Competition Policy and Price Fixing

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691158624
eISBN:
9781400846078
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691158624.003.0004
Subject:
Economics and Finance, Economic History

This chapter examines competition law's doctrine on horizontal agreements. It begins by addressing the U.S. statute, Sherman Act Section 1. The chapter then turns to the leading Supreme Court ... More


View: