Stare Decisis

Douglas, William O.

doi:10.2307/1119147

Cited by 26 publications

(5 citation statements)

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“…Douglas 1949;Songer and Sheehan 1990). This behavior may be fairly characterized as an avoidance of precedent.…”

Section: Identification Of Courts Of Appeals Casesmentioning

confidence: 99%

“…14 Our analysis, then, starts with the first treatment of Brown in 1954 (Brown v. Board of Education, 347 U.S. 483) and ends in 1986, arguably late enough to afford each circuit the opportunity to treat even the last of the Warren Court overrulings (Benton v. Maryland, 395 U.S. 784, decided in 1969). Douglas 1949;Songer and Sheehan 1990). This behavior may be fairly characterized as an avoidance of precedent.…”

Section: Identification Of Courts Of Appeals Casesmentioning

confidence: 99%

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Overruled: An Event History Analysis of Lower Court Reaction to Supreme Court Alteration of Precedent

Benesh¹,

Reddick²

2002

The Journal of Politics

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While past research has demonstrated widespread compliance in the Courts of Appeals with Supreme Court precedent (e.g., Gruhl 1980; Songer 1987; Songer, Segal, and Cameron 1994; Songer and Sheehan 1990), compliance is not automatic and is surely political. We examine compliance with Supreme Court overrulings of precedent—cases in which we might expect the lowest levels of compliance with Supreme Court policy prescriptions. We argue that several variables are relevant to the compliance decision and that those variables fall into two broad categories: characteristics of the Supreme Court precedent and characteristics of the circuit applying the precedent. In our event history analysis, we find that both precedent and circuit characteristics determine whether, and how quickly, a circuit follows a Supreme Court decision that overrules existing precedent; that is, unanimity, complexity, and the age of the overruled precedent, as well as the likelihood of Supreme Court review, are related to the compliance decision. While the Courts of Appeals adopt alterations in Supreme Court precedent rather quickly (within one or two relevant decisions), these factors exert some influence on that speed.

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“…Douglas 1949;Songer and Sheehan 1990). This behavior may be fairly characterized as an avoidance of precedent.…”

Section: Identification Of Courts Of Appeals Casesmentioning

confidence: 99%

Section: Identification Of Courts Of Appeals Casesmentioning

confidence: 99%

Overruled: An Event History Analysis of Lower Court Reaction to Supreme Court Alteration of Precedent

Benesh¹,

Reddick²

2002

The Journal of Politics

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“…[because] the fact is that security can only be achieved through constant change, through the wise discarding of old ideas that have outlived their usefulness, and through the adapting of others to current facts". 379 The experience of the legal Counter-Reformation teaches us the need for fuller justifications for judicial re-expression of the law. However, the attempt to restore reactionary theories about the judicial function and formalism as a cloak for a substantive agenda 380 must be defeated-just as all extremist positions must fail.…”

Section: Concordmentioning

confidence: 99%

Judicial Activism

2012

The Supreme Court a to Z

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“…The Supreme Court exploited the gaps, conflicts, and ambiguities of legal rights doctrine, plus the power to overrule its own decisions, to make legal reasoning a principal support of legislative supremacy. 28 The realist critique of adjudication -that it often involves policy choices, which amount to value judgments that are ideologically contested -was an important element in the argument for this turn.…”

Section: Balancing and The Conservative Critique Of Liberal Rights CLmentioning

confidence: 99%

The Critique of Rights in Critical Legal Studies

Kennedy¹

2002

Left Legalism/Left Critique

108

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This piece presents a critique, developed by a faction of the group that called itself critical legal studies, of rights as they figure in legal and general political discourse. This rights critique, like critical legal studies in general, operates at the uneasy juncture of two distinct, sometimes complementary and sometimes conflicting enterprises, which I will call the left and the modernist/postmodernist projects. 1

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Stare Decisis

Cited by 26 publications

References 0 publications

Overruled: An Event History Analysis of Lower Court Reaction to Supreme Court Alteration of Precedent

Overruled: An Event History Analysis of Lower Court Reaction to Supreme Court Alteration of Precedent

Judicial Activism

The Critique of Rights in Critical Legal Studies

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