PRECEDENT IN THE COURT OF APPEAL

The authority of Supreme Court precedent

We construct the complete network of 30,288 majority opinions written by the U.S. Supreme Court and the cases they cite from 1754 to 2002 in he United States Reports. Data from this network demonstrates quantitatively the evolution of the norm of stare decisis in the 19th Century and significant deviation from this norm by the activist Warren Court. We further describe a method for creating aut...

In the Supreme Court of Judicature Court of Appeal (criminal Division) on Appeal from Cleantown Crown Court

1. In respect of the appeal by Luckless Limited (‘the appellant’) against the fine of £140,000 imposed upon it by HHJ Stern QC, following the 2 guilty pleas entered by the appellant in respect of a single count under s.85 Water Resources Act 1991 (‘WRA’); and a single count under s.33(1)(c) Environmental Protection Act 1990 (‘EPA’), the Crown has been asked to make submissions on the following ...

Narrowing Supreme Court Precedent from Below

Lower courts supposedly follow Supreme Court precedent—but they often don’t. Instead of adhering to the most persuasive interpretations of the Court’s opinions, lower courts often adopt narrower readings. For example, recent courts of appeals’ decisions have narrowly interpreted the Court’s rulings on police searches, gun control, and campaign finance. This practice—which I call “narrowing from...

The Role of Precedent at Japan's Supreme Court

judgment of the court of appeal in the hague

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