Although the concept of precedent is basic to the operation of the legal system, there has not yet been a full-length empirical study of why US Supreme Court justices have chosen to alter precedent. This book attempts to fill this gap by analyzing those decisions of the Vinson, Warren and Burgers courts, as well as the first six terms of the Rehnquist Courts' span of 47 years (1946-1992), which formally altered precedent. The authors summarize previous studies of precedent and the Court, assess the conference voting of justices, and compile a list of overruling and overruled cases....

The concept of precedent is basic to the operation of the legal system, and this book is a full-length empirical study of why US Supreme Court justices have chosen to alter precedent. It attempts to analyse those decisions of the Vison, Warren and Burger Courts, as well as the first six terms of the Rehnquist Court - a span of 47 years (1946-1992) - that formally altered precedent. The authors summarize previous studies of precedent and the Court, assess the conference voting of justices and compile a list of overruling and overruled cases. Additionally the authors draw a distinction between...