Settled Versus Right - A Theory of Precedent

Informationen zum Autor Randy J. Kozel is a Professor of Law at Notre Dame Law School, where he also serves as Director of the Notre Dame Program on Constitutional Structure. Professor Kozel received his J.D., magna cum laude, from Harvard Law School. He served as a law clerk for Justice Anthony M. Kennedy at the US Supreme Court and for Judge Alex Kozinski at the US Court of Appeals for the Ninth Circuit. He also practiced as a litigator with a large law firm and as an in-house attorney at a multinational corporation. Klappentext This book analyzes the theoretical nuances and practical implications of how judges use precedent. Zusammenfassung This book provides an in-depth analysis of the role of precedent in American judicial practice! while also developing a new theory for using precedent as a bridge between judges who are otherwise inclined to disagree. Inhaltsverzeichnis Introduction; 1. Framing the study of the precedent; 2. The stakes of deference; 3. Strength of constraint; 4. Scope of applicability; 5. Precedent and pluralism; 6. Precedential strength in doctrinal perspective; 7. Precedential strength in structural perspective; 8. Compromise, common ground, and precedential scope; 9. Implication and transitions; Conclusion.

Product details

• Authors: Randy J. Kozel
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 30.06.2017
• EAN: 9781107127531
• ISBN: 978-1-107-12753-1
• No. of pages: 188
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; USA, LAW / Constitutional, United States of America, USA, Constitutional & administrative law, Constitutional and administrative law: general