Add to ORKGThe doctrine of stare decisis serves several purposes, among them judicial efficiency, consistency, manageability, and reliance. These are all conservative virtues. Yet is it possible for a conservative-minded jurist to adhere strictly to principles of stare decisis that would require affirming precedents by progressive courts that did not similarly follow principles of stare decisis because of the progressive belief in an inevitable forward march of history? How is a conservative court to treat such precedent? If it adheres to it solely because of stare decisis, does not the ebb and flow of the Court between conservative and progressive majorities mean that the law will inexorably ratchet toward the progressive view? This book chapter expl...
Stare decisis, the rule that judicial precedents should be followed, has been considered by American...
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 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...
Additional contributor: Timothy Johnson (faculty mentor).Stare decisis, Latin for “to stand by,” is ...
The fate of stare decisis hangs in the wind. Different factions of the Supreme Court are now engaged...
As Randy Barnett, a Professor of Law at Georgetown Law, stated, “how and when precedent should be re...
This Article, a contribution to a symposium on constitutional foundations, maintains that an unappre...
In the United States Supreme Court, the concept of stare decisis operates as both metadoctrine and d...
In Kisor v. Wilkie, the Supreme Court recently confronted whether to overrule the doctrine under whi...
To better understand stare decisis and to normatively explore our constitutional future, this articl...
'Stare Decisis' or 'stay with what has been decided' has long been understood as a fundamental prin...
With President Donald Trump’s third Supreme Court nomination, the reexamination of Roe v. Wade has b...
The number of recent decisions by the Supreme Court of the United States overruling earlier decision...
Stare decisis, the rule that judicial precedents should be followed, has been considered by American...
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 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...
Additional contributor: Timothy Johnson (faculty mentor).Stare decisis, Latin for “to stand by,” is ...
The fate of stare decisis hangs in the wind. Different factions of the Supreme Court are now engaged...
As Randy Barnett, a Professor of Law at Georgetown Law, stated, “how and when precedent should be re...
This Article, a contribution to a symposium on constitutional foundations, maintains that an unappre...
In the United States Supreme Court, the concept of stare decisis operates as both metadoctrine and d...
In Kisor v. Wilkie, the Supreme Court recently confronted whether to overrule the doctrine under whi...
To better understand stare decisis and to normatively explore our constitutional future, this articl...
'Stare Decisis' or 'stay with what has been decided' has long been understood as a fundamental prin...
With President Donald Trump’s third Supreme Court nomination, the reexamination of Roe v. Wade has b...
The number of recent decisions by the Supreme Court of the United States overruling earlier decision...
Stare decisis, the rule that judicial precedents should be followed, has been considered by American...
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...