Overruling Precedents

[Steven Jamar]

I wonder -- has anyone researched O'Connor's description of when to  
overrule precedent in Casey to see if her typology is accurate?


On Feb 25, 2007, at 1:55 PM, rjlipkin at aol.com wrote:

> My original request has taken on a new focus which was rather  
> pedestrian. Now I'm interested in overruling precedent as a  
> practice. Is there any empirical research which hones close to  
> actual Supreme Court practice, yet tries to develop a coherent  
> account (if there is one),  I 'm reluctant to call it a theory, of  
> the circumstances, reasons, subject matter of the cases, and so  
> forth of when the Court overrules precedent?
>
> Bobby
>
> Robert Justin Lipkin
> Professor of Law
> Widener university School of Law
> Delaware
>
> Ratio Juris: Contributor: http://ratiojuris.blogspot.com/
> Essentially Contested America: Editor: http:// 
> www.essentiallycontestedamerica.org/
>
> -----Original Message-----
> From: fishman at duq.edu
> To: dsc39 at drexel.edu
> Cc: CONLAWPROF at lists.ucla.edu; rjlipkin at aol.com
> Sent: Sun, 25 Feb 2007 12:21 PM
> Subject: RE: Overruling Precedents
>
> Colleagues:
>
> If you are doing more recent scholarship, there is a 2006 edition
> available now in hard copy that has not been updated yet on the  
> gpoaccess
> website.
>
> Joel Fishman, Ph.D.
> Duquesne U. Center for Legal Information/
> Allegheny County Law Library
>
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-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:stevenjamar at gmail.com
Washington, DC  20008	                          http://iipsj.com/SDJ/

"Love the pitcher less and the water more."

Sufi Saying


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