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.

"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"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"When the subject is precedent, social scientists and legal academics often talk past each other. Gerhardt takes the time to listen. The result is a sophisticated yet sensible and accessible account of the role precedent plays in judicial decisions. But more than that, it is an account that no side in the debate can afford to ignore because Gerhardt ignores no side. At long last, let the conversation begin."--Lee Epstein, Professor, Northwestern University, andco-author of Advice and Consent

• 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

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.

"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"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"When the subject is precedent, social scientists and legal academics often talk past each other. Gerhardt takes the time to listen. The result is a sophisticated yet sensible and accessible account of the role precedent plays in judicial decisions. But more than that, it is an account that no side in the debate can afford to ignore because Gerhardt ignores no side. At long last, let the conversation begin."--Lee Epstein, Professor, Northwestern University, andco-author of Advice and Consent

• 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

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.

"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"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"When the subject is precedent, social scientists and legal academics often talk past each other. Gerhardt takes the time to listen. The result is a sophisticated yet sensible and accessible account of the role precedent plays in judicial decisions. But more than that, it is an account that no side in the debate can afford to ignore because Gerhardt ignores no side. At long last, let the conversation begin."--Lee Epstein, Professor, Northwestern University, andco-author of Advice and Consent

• 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