1. Introduction; 2. Role of Precedent; 3. Theory of Precedent Usage; 4. Conceptualizing and Measuring; 5. Responses to Atkins v. Virginia; 6. Usage of Lemon v. Kurtzman; 7. Responses to Heller & McDonald; 8. Concluding Thoughts; References; Index.
Presenting new theoretical perspective, this book shows how law and politics shape state high court use of Supreme Court precedent.
Michael P. Fix is an Associate Professor in the Department of Political Science at Georgia State University. His research focuses on the evolution of law and policy over time. His work has appeared in numerous political science journals and law reviews including Political Research Quarterly, Social Science Quarterly, Vanderbilt Law Review, and Justice System Journal. Benjamin J. Kassow is an Assistant Professor in the Department of Political Science and Public Administration at the University of North Dakota. His research focuses on how judges formulate opinions and the impact of judicial decisions, broadly defined. He has published articles in a variety of journals, including Political Research Quarterly, American Politics Research, and the Journal of Law and Courts.
'With rich descriptions and rigorous analysis, Fix and Kassow
utilize key death penalty, Establishment Clause, and gun control
decisions to show that treatments of US Supreme Court precedent are
complex, nuanced, and sometimes surprising. This exciting new work
takes a fresh, innovative approach to understanding the development
of legal policy, producing fascinating results and making a truly
outstanding contribution to the scholarly literature.' Melinda Gann
Hall, Michigan State University
'Fix and Kassow have written a groundbreaking book traversing
political science and legal scholarship. Anyone interested in how
Supreme Court opinions operate on the ground will find the study
provocative and illuminating. State supreme courts play a large
role in implementing (or not) US Supreme Court decisions and the
authors' analysis of those state decisions makes a major
contribution to the study of constitutional law.' Eric J. Segall,
Kathy and Lawrence Ashe Professor of Law, Georgia State
University
'The study of the US Supreme Court has been consumed by the quest
for the Holy Grail of the public law field: precedent. Fix and
Kassow are well on the trail. Their book is the most nuanced study
of precedent and its influence on the relationship between state
supreme courts and the US Supreme Court. The authors examine
engaging cases involving the death penalty, freedom of religion,
and the Second Amendment. Their study plows new theoretical ground
and suggests a path for the continuing quest.' Richard L. Pacelle,
Jr., University of Tennessee
'… Fix and Kassow offer the discipline an excellent starting point
that will be of interest to scholars and practitioners alike.'
David A. Hughes, Law and Politics Book Review
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