A SCAPE GOAT / SÜNDENBOCK: SOCIAL-PRECEDENT OR NATIONAL-PRECEDENT PHENOMENON

Unit precedent

Precedent in the Making

Informative Precedent and Intrajudicial Communication

We develop an informational model of judicial decision-making in which deference to precedent is useful to policy-oriented appellate judges because it improves the accuracy with which they can communicate legal rules to trial judges. Our simple model yields new implications and hypotheses regarding conditions under which judges will maintain or break with precedent, the constraining effect that...

The Result Model of Precedent

The result model of precedent holds that a legal precedent controls a fortiori cases— those cases, that is, that are at least as strong for the winning side of the precedent as the precedent case itself. This paper defends the result model against some objections by Larry Alexander, drawing on ideas from the field of Artificial Intelligence and Law in order to define an appropriate strength ord...

Precedent autonomy and subsequent consent.

Honoring a living will typically involves treating an incompetent patient in accord with preferences she once had, but whose objects she can no longer understand. How do we respect her "precedent autonomy" by giving her what she used to want? There is a similar problem with "subsequent consent": How can we justify interfering with someone's autonomy on the grounds that she will later consent to...