The Law of Judicial Precedent

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Author :
Release : 2016
Genre : Judicial process
Kind :
Book Rating : 207/5 ( reviews)

The Law of Judicial Precedent - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Law of Judicial Precedent write by Bryan A. Garner. This book was released on 2016. The Law of Judicial Precedent available in PDF, EPUB and Kindle. The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.

Handbook on the Law of Judicial Precedents

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Author :
Release : 1912
Genre : Conflict of judicial decisions
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Book Rating : /5 ( reviews)

Handbook on the Law of Judicial Precedents - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Handbook on the Law of Judicial Precedents write by Henry Campbell Black. This book was released on 1912. Handbook on the Law of Judicial Precedents available in PDF, EPUB and Kindle.

Precedents and Case-Based Reasoning in the European Court of Justice

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Release : 2014-03-20
Genre : Law
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Book Rating : 495/5 ( reviews)

Precedents and Case-Based Reasoning in the European Court of Justice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Precedents and Case-Based Reasoning in the European Court of Justice write by Marc Jacob. This book was released on 2014-03-20. Precedents and Case-Based Reasoning in the European Court of Justice available in PDF, EPUB and Kindle. Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Law and Judicial Duty

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Release : 2008-11
Genre : Business & Economics
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Book Rating : 319/5 ( reviews)

Law and Judicial Duty - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law and Judicial Duty write by Philip Hamburger. This book was released on 2008-11. Law and Judicial Duty available in PDF, EPUB and Kindle. Hamburger traces the early history of what is today called “judicial review.” The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.

The Politics of Precedent on the U.S. Supreme Court

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Release : 2018-06-05
Genre : Law
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Book Rating : 041/5 ( reviews)

The Politics of Precedent on the U.S. Supreme Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Politics of Precedent on the U.S. Supreme Court write by Thomas G. Hansford. This book was released on 2018-06-05. The Politics of Precedent on the U.S. Supreme Court available in PDF, EPUB and Kindle. The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.