Includes bibliographical references (pages 169-177) and index.
Contents:
Concluding thoughts and future extensions. State high court usage of District of Columbia v. Heller and McDonald v. City of Chicago : moderate degrees of flexibility -- 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.
Summary:
"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 Court itself has stated, Stare decisis is the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process"-- Provided by the publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.