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The Power of Precedent$
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Michael J. Gerhardt

Print publication date: 2008

Print ISBN-13: 9780195150506

Published to Oxford Scholarship Online: May 2008

DOI: 10.1093/acprof:oso/9780195150506.001.0001

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The Patterns of Supreme Court Precedent

The Patterns of Supreme Court Precedent

(p.9) The Patterns of Supreme Court Precedent 1
The Power of Precedent

Michael J. Gerhardt (Contributor Webpage)

Oxford University Press

This chapter provides a detailed overview of the Supreme Court's handling of precedent from the Jay Court through the Rehnquist Court. It examines the principal patterns in the justices' approach to precedent, particularly the different tests they have used to reevaluate their precedents. Moreover, it discusses some basic data with respect to the Court's overruling of precedent, and concludes with an examination of the many ways in which the justices weaken precedents without explicitly overruling them.

Keywords:   precedent, constitutional law, stare decisis, Supreme Court

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