US Supreme Court doctrine in the state high courts /
"The role of precedent in the law is complicated. One the one hand, it forms the basis of common law. Adherence to precedent, a doctrine known as stare decisis, forms the foundation that allows for the fundamental principles of stability and uniformity in the law to be built. As the Supreme Cou...
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Main Authors: | , |
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Format: | Book |
Language: | English |
Published: |
Cambridge, United Kingdom ; New York, NY, USA :
Cambridge University Press,
2020
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Table of Contents:
- Introduction
- The role of precedent : a brief history
- A theory of state high court usage of US Supreme Court precedent
- Conceptualizing and measuring how state high courts use US Supreme Court opinions
- State high court responses to Atkins v. Virginia : characterized by flexibility
- State high court usage of Lemon v. Kurtzman : examining a case of maximum discretion
- State high court usage of District of Columbia v. Heller and McDonald v. City of Chicago : moderate degrees of flexibility
- Concluding thoughts and future extensions