Friday, January 15, 2010

Law Textbook The Power of Precedent

By: Michael J. Gerhardt
Publisher: Oxford University Press 2008

When the justice of the United States Supreme Court writes an opinion on an issue about which his predecessors have written, does he care what they wrote? Does he feel absolute freedom to write whatever he pleases, as if he were writing on a blank slate? Does he merely manipulate the Court’s precedents to support his preferred result, or does he defer to what his predecessors wrote on the subject before him?. Does, or should, he care about what his colleagues or successors think about what he writes?.

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