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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


The forms and limits of democratic adjudication 1

Christopher J. Peters

in A Matter of Dispute: Morality, Democracy, and Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.003.0007
Subject:
Law, Philosophy of Law

Building on the analysis in Chapter 5, this chapter addresses, from the perspective of a dispute-resolution account of law, four categories of current issues involving the structure and role of ... More


Implementation

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0016
Subject:
Philosophy, Political Philosophy

This chapter addresses two basic questions about implementing selective optimization: (1) to what extent should judges disclose or conceal the fact that they selectively optimize, and (2) are judges ... More


Conservatives and the Courts

Michael Greve

in Crisis of Conservatism?: The Republican Party, the Conservative Movement, and American Politics After Bush

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199764013
eISBN:
9780199897186
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199764013.003.0011
Subject:
Political Science, American Politics

This chapter inventories the accomplishments and defeats of the conservative legal movement. It argues that the conservative legal movement has a high degree of professionalism, financial stability ... More


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