This chapter explores the Court's use of precedent. First, it examines the line of precedent involving the rejection then adoption and finally restriction of the exclusionary rule under the Fourth Amendment as a case study. Second, it discusses how the Court interprets and shapes constitutional precedent including how it expands and narrows precedent, how it uses precedent to reason by analogy, how it distinguishes the holding from dicta, the weight to be given precedent and the role of unique precedent. It then explains how the Court distinguishes precedent. Finally, it considers when and how it overrules precedent taking into account such factors as departure from established doctrine, unworkability, lack of reliance, changed circumstances, and whether the precedent was incorrectly decided.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.