[EL] (no subject)

[Michael Bailey]

In /The Constrained Court/, Forrest Maltzman and I found many justices 
have been influenced by stare decisis.  Ideology was not a strong 
predictor of support of stare decisis.  Previous experience on as a 
judge was a much better predictor.

Our analysis indicates that concern for stare decisis has ebbed and 
flowed.  It was at a low point in the Warren Court (consistent, perhaps, 
with the commenters view), but has risen since then.


On 6/19/2013 5:09 PM, David Adamany wrote:
>
> Rick:  With respect to the anonymous comment you report from a reader 
> of your blog about the four liberal justices joining Justice Scalia in 
> Arizona v. Inter Tribal Council, which begins as follows: "Liberals 
> don't care about stare decisis, conservatives do."  Has your 
> correspondent published work showing this to be true, or does he/she 
> refer to other published work to this effect?   In addition to 
> teaching election law in our law school, I also teach a course on the 
> Supreme Court in our Political Science Department--a course about the 
> Court as an institution deeply engaged in our political process.  The 
> perspective I suggest to students is in the modern period, at least 
> since the end of World War II and to some degree before that 
> time, stare decisis has not had much force in guiding the Court's 
> policy making, whether by liberal or conservative justices.   I rely 
> principally on the "behavioral" studies of Supreme Court voting that 
> appear in the social science literature and in some law review 
> articles.   If there is evidence that respect for stare decisis 
> divides along ideological lines, I'd like to revised what I teach.   
> Any evidence to the contrary of that assertion offered  by your 
> correspondent?
>
> David Adamany
>
> Laura Carnell Professor of Law
>
> and Political Science, and
> Chancellor
> 1810 Liacouras Walk, Ste 330
> Temple University
> Philadelphia, PA 19122
> (215) 204-9278
>
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> http://department-lists.uci.edu/mailman/listinfo/law-election

-- 
Michael Bailey
Chair, Department of Government
Walsh Professor, Department of Government and Georgetown Public Policy Institute
Georgetown University
http://www9.georgetown.edu/faculty/baileyma/

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130619/d677ac08/attachment.html>