We investigate shared language between U.S. Supreme Court majority opinions and interest groups’ corresponding amicus briefs. Specifically, we evaluate whether language that originated in an amicus brief acquired legal precedent status by being cited in the Court’s opinion. Using plagiarism detection software, automated querying of a large legal database, and manual analysis, we establish seven...

Abstract Drawing mainly from the common law tradition, article identifies notion and normative value of precedent, summarizes its historical development, distinguishes between application in fields case law, constitutional statutory legislation. It then ponders pros cons precedent-based adjudication institutional ethical requisites for application. finally considers recent phenomena arbitration...

Like sailing, gardening, politics, and poetry, law and ethnography are crafts of place: they work by the light of local knowledge. The instant case, Palsgraff or the Charles River Bridge, provides for law not only the ground from which reflection departs but also the object towards which it tends, and for ethnography, the settled practice, potlatch, or couvade, does the same. Whatever else anth...

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in modern legal systems there are a variety of sources of law. judicial precedent is one of the legal sources; thus, precedents of supreme court, like enactments of parliament, are enforceable in courts. this similarity between precedents and acts impose many problems as role of supreme court in interpretation of   laws. but the most important problem is the possibility of changing previous pre...