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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Bibliographic Details
Main Authors: Fix, Michael P, 1980- (Author), Kassow, Benjamin (Author)
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