The Supreme Court: Peacemaker or Drama Queen? A Model of Judicial Precedent

Abstract

Precisely defining precedent within the context of the judicial system in the United States is a complex issue. The conventional perspective understands precedent-setting as the process by which the Supreme Court builds on past case law and signals to future Courts. In a two-fold approach to the investigation of precedent, I offer deeper insight into the process of precedent-setting through both an empirical and a theoretical lens. I first explore data on decisions of the Supreme Court, including the number of citations that cases receive and the instances where the Court has overruled standing decisions. Guided by these empirical findings, I then present a theoretical model of precedent that defines the learning process that takes place between upper and lower courts, as well as between past and future higher courts. By incorporating the relationship between the Supreme Court and lower circuit courts, my two complementary research angles provide a more complete understanding of how precedent operates and the effects that it has on the legal environment.