This book provides an in-depth analysis of the role of precedent in American judicial practice, while also developing a new theory for using precedent as a bridge between judges who are otherwise inclined to disagree.
Introduction; 1. Framing the study of the precedent; 2. The stakes of deference; 3. Strength of constraint; 4. Scope of applicability; 5. Precedent and pluralism; 6. Precedential strength in doctrinal perspective; 7. Precedential strength in structural perspective; 8. Compromise, common ground, and precedential scope; 9. Implication and transitions; 10. From second best to first principles; Conclusion.