1076 (1991) (ordering supplemental briefing on the question whether two controlling precedents should be overruled).
GERHARDT, supra note 37, at 45 ("The justices' respect for the Court's precedents is evident in their choices of which matters not to hear.
27) In this study, we consider the related, more fundamental question of whether lower courts are willing to distinguish precedents or, instead, prefer an inclusive view of precedents, essentially seeking out ways for higher court precedent to bind them.
In the first, lower court judges invariably follow precedents that appear to bear on the cases before them.
In distinguishing among different Supreme Court precedents, we assign each precedent an ideological score.
To create our ideology scores for each Supreme Court precedent, we look to the majority opinions in these precedents.
155) An inferior court may not even depart from precedents that the Supreme Court has called into question.
163) It claims, and regularly exercises, the power to overrule its precedents even when they are squarely on point.
Specifically, they assess where a venture stands relative to strategic precedents, the venture's differentiated ties per their vertical positions, and the relative value of each of these signals with respect to underwriter prestige.
Specifically, we propose that social capital signals can be manipulated and interpreted according to (1) the absolute number of alliances, (2) being isomorphic to an understood moving precedent of alliances, or (3) exceeding this precedent by a positive distance above the established norm.
Worse, correcting a mistake like this in copy-paste precedent
is at once less and more difficult than correcting one that is published.
81) It is likely that few constitutional precedents
would meet those criteria.