State supreme court decisions to overrule precedent, 1965-1996

Research output: Contribution to journalReview article

1 Scopus citations

Abstract

This article presents results from a systematic study of overruling decisions by state supreme courts in four states - Alabama, Florida, New Jersey, and Pennsylvania - over a thirty-two-year period. We find some general trends in the overruling behavior of these courts, including 1) overruling decisions tended to occur generally at the same rate across all four courts; 2) increases in caseload tended to increase the number of overruling decisions; 3) almost half of the overruled decisions were reversed within ten years in three of the four courts; 4) private civil cases are overruled more frequently; and 5) common law or precedent is the most frequent basis for overruling decisions, with constitutions (state or federal) among the most infrequent. When compared to recent research on the overruling behavior of the U.S. Supreme Court (Brenner and Spaeth, 1995), only the New Jersey court demonstrated behavior similar to that of the Supreme Court, suggesting the importance of judicial selection method and docket control to the stability of precedent in courts of last resort.

Original languageEnglish (US)
Pages (from-to)33-37
Number of pages5
JournalJustice System Journal
Volume20
Issue number1
StatePublished - Dec 1 1998
Externally publishedYes

ASJC Scopus subject areas

  • Law

Fingerprint Dive into the research topics of 'State supreme court decisions to overrule precedent, 1965-1996'. Together they form a unique fingerprint.

  • Cite this