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List of contents
1. Introduction; 2. Role of Precedent; 3. Theory of Precedent Usage; 4. Conceptualizing and Measuring; 5. Responses to Atkins v. Virginia; 6. Usage of Lemon v. Kurtzman; 7. Responses to Heller & McDonald; 8. Concluding Thoughts; References; Index.
About the author
Michael P. Fix is an Associate Professor in the Department of Political Science at Georgia State University. His research focuses on the evolution of law and policy over time. His work has appeared in numerous political science journals and law reviews including Political Research Quarterly, Social Science Quarterly, Vanderbilt Law Review, and Justice System Journal.Benjamin J. Kassow is an Assistant Professor in the Department of Political Science and Public Administration at the University of North Dakota. His research focuses on how judges formulate opinions and the impact of judicial decisions, broadly defined. He has published articles in a variety of journals, including Political Research Quarterly, American Politics Research, and the Journal of Law and Courts.
Summary
Presenting a new theoretical perspective, Fix and Kassow show how law and politics shape state high court use of Supreme Court precedent. This book approaches this complex topic in an accessible way that will appeal to anyone interested in law and politics or traditional approaches to legal decision-making.
Additional text
'The study of the US Supreme Court has been consumed by the quest for the Holy Grail of the public law field: precedent. Fix and Kassow are well on the trail. Their book is the most nuanced study of precedent and its influence on the relationship between state supreme courts and the US Supreme Court. The authors examine engaging cases involving the death penalty, freedom of religion, and the Second Amendment. Their study plows new theoretical ground and suggests a path for the continuing quest.' Richard L. Pacelle, Jr., University of Tennessee
