Add to ORKGAll Courts rule ex-post, after most economic decisions are sunk. This might generate a time-inconsistency problem. From an ex-ante perspective, Courts will have the (ex-post) temptation to be excessively lenient. This observation is at the root of the principle of stare decisis. Stare decisis forces Courts to weigh the benefits of leniency towards the current parties against the beneficial effects that tougher decisions have on future ones. We study these dynamics and find that stare decisis guarantees that precedents evolve towards ex-ante efficient decisions, thus alleviating the Courts' time-inconsistency problem. However, the dynamics do not converge to full efficiency.ou
In this Article, I argue that the preclusive effect of precedent raises due-process concerns, and, o...
In Kisor v. Wilkie, the Supreme Court recently confronted whether to overrule the doctrine under whi...
The doctrine of stare decisis remains a defining feature of American law despite challenges to its l...
All Courts rule ex-post, after most economic decisions are sunk. This might generate a time-inconsis...
'Stare Decisis' or 'stay with what has been decided' has long been understood as a fundamental prin...
Additional contributor: Timothy Johnson (faculty mentor).Stare decisis, Latin for “to stand by,” is ...
Stare decisis has been called many things, among them a principle of policy, a series of prudential ...
Drastic changes in Supreme Court doctrine require citizens to reorder their affairs rapidly, undermi...
The Supreme Court of the United States has long embraced the doctrine of stare decisis as an appropr...
In the United States Supreme Court, the concept of stare decisis operates as both metadoctrine and d...
Stare decisis, the rule that judicial precedents should be followed, has been considered by American...
When courts deliberate on the implications of a precedent case in the adjudication of a new dispute,...
The fate of stare decisis hangs in the wind. Different factions of the Supreme Court are now engaged...
The doctrine of stare decisis often seems anomalous in a legal system ostensibly devoted to justice:...
The maxim stare decisis et non quieta movere literally means ‘to stand by the decision, and not ...
In this Article, I argue that the preclusive effect of precedent raises due-process concerns, and, o...
In Kisor v. Wilkie, the Supreme Court recently confronted whether to overrule the doctrine under whi...
The doctrine of stare decisis remains a defining feature of American law despite challenges to its l...
All Courts rule ex-post, after most economic decisions are sunk. This might generate a time-inconsis...
'Stare Decisis' or 'stay with what has been decided' has long been understood as a fundamental prin...
Additional contributor: Timothy Johnson (faculty mentor).Stare decisis, Latin for “to stand by,” is ...
Stare decisis has been called many things, among them a principle of policy, a series of prudential ...
Drastic changes in Supreme Court doctrine require citizens to reorder their affairs rapidly, undermi...
The Supreme Court of the United States has long embraced the doctrine of stare decisis as an appropr...
In the United States Supreme Court, the concept of stare decisis operates as both metadoctrine and d...
Stare decisis, the rule that judicial precedents should be followed, has been considered by American...
When courts deliberate on the implications of a precedent case in the adjudication of a new dispute,...
The fate of stare decisis hangs in the wind. Different factions of the Supreme Court are now engaged...
The doctrine of stare decisis often seems anomalous in a legal system ostensibly devoted to justice:...
The maxim stare decisis et non quieta movere literally means ‘to stand by the decision, and not ...
In this Article, I argue that the preclusive effect of precedent raises due-process concerns, and, o...
In Kisor v. Wilkie, the Supreme Court recently confronted whether to overrule the doctrine under whi...
The doctrine of stare decisis remains a defining feature of American law despite challenges to its l...