Add to ORKGPrecedent is the cornerstone of common law method. It is the core mechanism by which the common law reaches just outcomes. Through creation and application of precedent, common law seeks to produce justice. The appellate courts\u27 practice of issuing unpublished, non-precedential opinions has generated considerable discussion about the value of precedent, but that debate has centered on pragmatic and formalistic values. This essay argues that the practice of issuing non-precedential opinions does more than offend constitutional dictates and present pragmatic problems to the appellate system; abandoning precedent undermines justice itself. Issuance of the vast majority of decisions as nonprecedential tears the justice-seeking mechanism of p...
For many years, judges and academics have debated the pros and cons of non-precedential judicial opi...
For many years, judges and academics have debated the pros and cons of non-precedential judicial opi...
For many years, judges and academics have debated the pros and cons of non-precedential judicial opi...
Precedent is the cornerstone of common law method. It is the core mechanism by which the common law ...
This Article concerns an argument which, if sound, would sup-port a doctrine of precedent with unlim...
This Article concerns an argument which, if sound, would sup-port a doctrine of precedent with unlim...
When resolving cases, appellate courts must quickly decide how much respect to give precedent decisi...
When resolving cases, appellate courts must quickly decide how much respect to give precedent decisi...
Despite the encroachment of legislation on matters that used to lie within the province of the commo...
Despite the encroachment of legislation on matters that used to lie within the province of the commo...
A recent decision by a panel of the Court of Appeals for the Eighth Circuit enlivened the controvers...
This essay reviews Randy Kozel’s new book, Settled Versus Right: A Theory of Precedent. It contends ...
When resolving cases, appellate courts must quickly decide how much respect to give precedent decisi...
This essay reviews Randy Kozel’s new book, Settled Versus Right: A Theory of Precedent. It contends ...
The Supreme Court follows the Doctrine of Stare Decisis, of which dictates that the Court must follo...
For many years, judges and academics have debated the pros and cons of non-precedential judicial opi...
For many years, judges and academics have debated the pros and cons of non-precedential judicial opi...
For many years, judges and academics have debated the pros and cons of non-precedential judicial opi...
Precedent is the cornerstone of common law method. It is the core mechanism by which the common law ...
This Article concerns an argument which, if sound, would sup-port a doctrine of precedent with unlim...
This Article concerns an argument which, if sound, would sup-port a doctrine of precedent with unlim...
When resolving cases, appellate courts must quickly decide how much respect to give precedent decisi...
When resolving cases, appellate courts must quickly decide how much respect to give precedent decisi...
Despite the encroachment of legislation on matters that used to lie within the province of the commo...
Despite the encroachment of legislation on matters that used to lie within the province of the commo...
A recent decision by a panel of the Court of Appeals for the Eighth Circuit enlivened the controvers...
This essay reviews Randy Kozel’s new book, Settled Versus Right: A Theory of Precedent. It contends ...
When resolving cases, appellate courts must quickly decide how much respect to give precedent decisi...
This essay reviews Randy Kozel’s new book, Settled Versus Right: A Theory of Precedent. It contends ...
The Supreme Court follows the Doctrine of Stare Decisis, of which dictates that the Court must follo...
For many years, judges and academics have debated the pros and cons of non-precedential judicial opi...
For many years, judges and academics have debated the pros and cons of non-precedential judicial opi...
For many years, judges and academics have debated the pros and cons of non-precedential judicial opi...