U.S. Supreme Court
Dec. 5, 2014
Narrowing precedent at the US high court
Precedent is the U.S. Supreme Court's business, yet there is little consensus about how the court should treat its own past decisions. By Richard Re
Precedent is the U.S. Supreme Court's business, yet there is little consensus about how the court should treat its own past decisions. Most debate on this subject involves overruling. But precedent frequently changes even when the court chooses not to overrule anything. For example, the court has gradually limited the Miranda rule, so it applies less often and, when violated, has fewer consequences. The court has shown similar tendencies ...
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