Workshop “ Network Analysis in Law ” Friday June 14 th 2013 In conjunction with ICAIL 2013 : XIV International
نویسندگان
چکیده
This essay expands the empirical analysis of overruled Supreme Court decisions by focusing on citation network centrality measures and comparative depreciation analysis to compare overruled decisions to matched peers. We demonstrate that those decisions which go on to be overruled tend to occupy more central citation network positions, cite more central cases, and depreciate at a slower rate than similarly influential decisions. These empirical demonstrations of how bad law is distinct in both the way it cites and in the way it is cited help shed light on how the judiciary affects legal change. We see that judges reserve the power of overrulings for decisions that are both significantly more central than their peers and for decisions that remain salient for longer than their peers. This not only sheds light on our understanding of overruled precedent, but also contributes new network-analytic approaches to legal research. By definition, every precedent now deemed bad law was at some point in time good law. While some cases are overturned almost immediately after they are decided and thus have little opportunity to exert any influence on subsequent decisions, the majority remain good law for years during which time they are eligible to be cited as authoritative sources of law. We can think of the period between when a decision that will go on to be overruled is originally issued and when it is overturned as its lifespan. During this period, these precedents are eligible sources of law, and each will have a unique biography that tells the story of how it was used – or not used by the legal system before eventually being
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