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The Power of Precedent
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The Power of Precedent

Michael J. Gerhardt

Abstract

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 law. His analysis demonstrates how precedent influences more than social scientists claim, but less than most scholars claim. He further shows how precedent, broadly understood, performs multiple significant but underappreciated functions in constitutional decision making both inside courts and outside of them. Last, but not least, his analysis explains a fundamental tension in constitutional adjudi ... More

Keywords: precedent, stare decisis, constitutional law, Supreme Court

Bibliographic Information

Print publication date: 2008 Print ISBN-13: 9780195150506
Published to Oxford Scholarship Online: May 2008 DOI:10.1093/acprof:oso/9780195150506.001.0001

Authors

Affiliations are at time of print publication.

Michael J. Gerhardt, author
University of North Carolina Law School
Author Webpage

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