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SSRN Electronic Journal, 2021
The doctrine of stare decisis famously instructs judges to respect past decisions even if they believe these decisions are wrong. Many believe stare decisis serves venerable values and bemoan its apparent demise, especially at the Supreme Court level. But can something like stare decisis appear in politics too?
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The doctrine of stare decisis famously instructs judges to respect past decisions even if they believe these decisions are wrong. Many believe stare decisis serves venerable values and bemoan its apparent demise, especially at the Supreme Court level. But can something like stare decisis appear in politics too?
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1991
Abstract According to the preliminary statement of the English doctrine of precedent in Chapter I, a court is bound to follow any case decided by a court above it, and appellate courts (other than the House of Lords) are bound by their previous decisions.
Rupert Cross, J W Harris
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Abstract According to the preliminary statement of the English doctrine of precedent in Chapter I, a court is bound to follow any case decided by a court above it, and appellate courts (other than the House of Lords) are bound by their previous decisions.
Rupert Cross, J W Harris
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Against Methodological Stare Decisis
2014Should federal courts give stare decisis effect to statutory interpretation methodology? Although a growing number of legal scholars have answered this question in the affirmative, this Essay makes the case against methodological stare decisis. Drawing on recent empirical studies of Congress's expectations regarding statutory interpretation, we show ...
Criddle, Evan J., Staszewski, Glen
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American Journal of Political Science, 1996
Theory: Precedent might affect Supreme Court decision making in a number of ways. One conception, the conventional view scrutinized by Segal and Spaeth, sees precedent as the primary reason why justices make the decisions that they do. A second regards precedent as a normative constraint on justices acting on their personal preferences. On this account,
Jack Knight, Lee Epstein
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Theory: Precedent might affect Supreme Court decision making in a number of ways. One conception, the conventional view scrutinized by Segal and Spaeth, sees precedent as the primary reason why justices make the decisions that they do. A second regards precedent as a normative constraint on justices acting on their personal preferences. On this account,
Jack Knight, Lee Epstein
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2017
This chapter critically assesses the current state of the literature on vertical stare decisis. It begins with a consideration of how stare decisis does, or does not, fit with the principal–agent framework that is often used as a starting point for theories of the relationship between high and low courts.
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This chapter critically assesses the current state of the literature on vertical stare decisis. It begins with a consideration of how stare decisis does, or does not, fit with the principal–agent framework that is often used as a starting point for theories of the relationship between high and low courts.
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1991
Abstract One of the defects of the preliminary statement of the English rules of precedent in Chapter I is that, the House of Lords apart, it does not refer to the existence of important exceptions to the rule of stare decisis. The purpose of the present chapter is to analyse those exceptions.
Rupert Cross, J W Harris
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Abstract One of the defects of the preliminary statement of the English rules of precedent in Chapter I is that, the House of Lords apart, it does not refer to the existence of important exceptions to the rule of stare decisis. The purpose of the present chapter is to analyse those exceptions.
Rupert Cross, J W Harris
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