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Full-Text Articles in Law

After The Override: An Empirical Analysis Of Shadow Precedent, Deborah A. Widiss, Brian J. Broughman Jan 2017

After The Override: An Empirical Analysis Of Shadow Precedent, Deborah A. Widiss, Brian J. Broughman

Articles by Maurer Faculty

Congressional overrides of prior judicial interpretations of statutory language are typically de­fined as equivalent to judicial overrulings, and they are presumed to play a central role in maintaining legislative supremacy. Our study is the first to empirically test these assumptions. Using a differences-in-differences research design, we find that citation levels decrease far less after legislative overrides than after judicial overrulings. This pattern holds true even when controlling for depth of the superseding event or considering only the specific proposition that was superseded. Moreover, contrary to what one might expect, citation levels decrease more quickly after restorative overrides—in which Congress repudiates …


Shadow Precedents And The Separation Of Powers: Statutory Interpretation Of Congressional Overrides, Deborah Widiss Jan 2009

Shadow Precedents And The Separation Of Powers: Statutory Interpretation Of Congressional Overrides, Deborah Widiss

Articles by Maurer Faculty

In both judicial decisions and critical commentary on statutory interpretation, the possibility of congressional override is generally considered a significant balance to the countermajoritarian reality that courts, through statutory interpretation, make policy. This Article demonstrates that the "check" on judicial power provided by overrides is not as robust as is typically assumed. One might assume that overridden precedents are functionally erased or reversed. But because Congress technically cannot overrule a prior decision, courts must determine whether the enactment of an override fully supersedes the prior judicial interpretation. Overrides thus raise unique, and previously largely ignored, questions of statutory interpretation. Using …


The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel Jan 2002

The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Book Review. The Doctrine Of Precedent In The Court Of Appeal For East Africa By G.F.A. Sawyerr And J.A. Hiller, William B. Harvey Jan 1971

Book Review. The Doctrine Of Precedent In The Court Of Appeal For East Africa By G.F.A. Sawyerr And J.A. Hiller, William B. Harvey

Articles by Maurer Faculty

No abstract provided.