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The Transmission of Legal Precedent

Caldeira, G. A. (1985). The Transmission of Legal Precedent: A Study of State Supreme Courts. American Political Science Review, 79(1), 178-194.

Type
Journal article
Intellectual base
Primary research
Year
1985
Volume
79
Issue
1
Pages
178-194
DOI
10.2307/1956126
DOI registrant
Cambridge University Press
Link
https://doi.org/10.2307/1956126
Cited from
computer_science

Cited by

1 citation across 1 artifact.

Each citation links to the sentence it supports in the citing article.

Primes

  • Eventual Consistency
    • Case law — a precedent set in one jurisdiction propagates by citation; cross-jurisdictional consistency is achieved over years, with windows of disagreement that progressively close.

      This sourceEmpirically maps how precedent propagates by citation across state supreme courts, the diffusion (proximity, prestige) by which cross-jurisdictional consistency forms over time — eventual consistency of legal norms across jurisdictions.

      Supported in partVerified against the publisher's abstract

      Establishes that state supreme court judges cite precedents from other jurisdictions and that citation flows vary with distance, prestige, professionalism and legal reporting region, but not that consistency converges over years.

      “In the course of making and justifying decisions, judges on state supreme courts often rely on precedents from other jurisdictions. These judicial references across boundaries constitute at least one means of communication and, in turn, demonstrate a complex web of deference and derogation between and among various courts.”

      From the publisher's abstract.

      Read by an automated reader; not a human review. How support was checked

Verification

Does it exist? Confirmed. This work's DOI resolves to a registered record, which fixes its identity. That is all it fixes.

Does it back the claim? Read against the text for 1 of 1 citation: 1 supported in part. Each verdict is shown under its citation below, with what in the work backs the sentence.

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