PRECEDENT IN THE IRISH SUPREME COURT

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...

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...

Has Precedent Ever Really Mattered in the Supreme Court?

The Role of Precedent at Japan's Supreme Court

Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation of Supreme Court Precedent