The form and function of legal precedent
Abstract/Contents
- Abstract
- This dissertation is composed of three distinct but related papers on stare decisis or legal precedent, and employs both empirical and theoretical methods to examine the topic. The first chapter contributes to our understanding of which methods for following precedent do relatively better or worse to serve the values of stare decisis, and under what conditions. The second chapter takes up the precedential value of dissenting opinions, arguing that dissents contribute to the formation of binding precedent in a particular type of plurality decision. The third chapter—through a quantitative, computational study of judicial decisions—reveals substantial and statistically significant relationships between the style of a judicial opinion and its legal influence or precedential power.
Description
| Type of resource | text |
|---|---|
| Form | electronic resource; remote; computer; online resource |
| Extent | 1 online resource. |
| Place | California |
| Place | [Stanford, California] |
| Publisher | [Stanford University] |
| Copyright date | 2018; ©2018 |
| Publication date | 2018; 2018 |
| Issuance | monographic |
| Language | English |
Creators/Contributors
| Author | Varsava, Nina |
|---|---|
| Degree supervisor | Landy, Joshua, 1965- |
| Degree supervisor | Meyler, Bernadette |
| Thesis advisor | Landy, Joshua, 1965- |
| Thesis advisor | Meyler, Bernadette |
| Thesis advisor | Kessler, Amalia D |
| Thesis advisor | Satz, Debra |
| Degree committee member | Kessler, Amalia D |
| Degree committee member | Satz, Debra |
| Associated with | Stanford University, Program in Modern Thought and Literature. |
Subjects
| Genre | Theses |
|---|---|
| Genre | Text |
Bibliographic information
| Statement of responsibility | Nina Varsava. |
|---|---|
| Note | Submitted to the Program in Modern Thought and Literature. |
| Thesis | Thesis Ph.D. Stanford University 2018. |
| Location | electronic resource |
Access conditions
- Copyright
- © 2018 by Nina Britt Varsava
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