Introduction

Chapter
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 33)

Abstract

The contributions to this volume address, from a variety of perspectives, the topic of the United States Supreme Court’s faithfulness, or lack thereof, to its own prior decisions. That topic is perennially a “hot” one in American law and legal academia, and periodically in American politics as well. It is inevitable that whenever a new prospective Justice is nominated to serve on the Court, he or she will be grilled extensively by senators about his or her views on stare decisis. This Introduction summarizes the volume's nine contributed essays and relates them to each other and to ongoing normative and descriptive debates about the use of precedent on the Court.

References

  1. Bickel AM (1986) The least dangerous branch: the Supreme Court at the bar of politics, 2nd edn. Yale University Press, New HavenGoogle Scholar
  2. Friedman B (2010) The wages of stealth overruling (with particular attention to Miranda v. Arizona). Georgetown Law J 99(1):1–63Google Scholar
  3. Gerhardt M (2011) The power of precedent. Oxford University Press, New York, revGoogle Scholar
  4. Peters CJ (2008) Under-the-table overruling. Wayne Law Rev 54(3):1067–1104Google Scholar
  5. Peters CJ (2011) A matter of dispute: morality, democracy, and law. Oxford University Press, New YorkCrossRefGoogle Scholar
  6. Wechsler H (1959) Toward neutral principles of constitutional law. Harv Law Rev 73(1):1–35CrossRefGoogle Scholar

Copyright information

© Springer Science+Business Media Dordrecht 2013

Authors and Affiliations

  1. 1.School of LawUniversity of BaltimoreBaltimoreUSA

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