The Power of Precedent

<br>"To seek a 'solution' to the problem of precedent is probably like trying to square a circle. Whether or not one agrees with Michael Gerhardt's particular solution, all readers will find themselves illuminated by Gerhardt's consistently interesting arguments (and the data on which they are built) and the insights they throw on the actual operation of the United States Supreme Court and its justices."--Sanford Levinson, Chair of Law and Professor of Government, University of Texas-Austin, and author of Our Undemocratic Constitution<p><br>"Michael Gerhardt's sophisticated and subtle book is the definitive treatment of how precedent really works in constitutional law. It should be the starting point for all future discussions of this important issue."--David A. Strauss, Professor of Law, University of Chicago Law School, and author of The Living Constitution<p><br>"When the subject is precedent, social scientists and legal academics often talk past each other. Gerhardt takes the time

<br>Michael J. Gerhardt is Samuel Ashe Distinguished Professor of Constitutional Law and Director of the Center on Law and Government at the University of North Carolina Law School. He is one of the foremost scholars on constitutional conflicts between the president and congress, and he has testified numerous times before congress, including as the only joint witness before the house judiciary committee's hearings on the history of impeachment. He served as CNN's resident expert during President Clinton's impeachment proceedings and a frequent commentator on Supreme Court selection for NPR.<br>

Introduction 1. The Patterns Of Supreme Court Precedent 2. Theories Of Precedent 3. The Golden Rule 4. Non-Judicial Precedent 5. The Multiple Functions Of Precedent 6. Super Precedent Conclusion: The Future Of Precedent Appendix Tables I-VII Afterword