Parents often say that two wrongs don’t make a right. Statutory stare decisis — a form of stare decisis on steroids — actually invokes three wrongs under the Constitution. And piling up constitutional ...
Justice Amy Coney Barrett’s new book, Listening to the Law, is an excellent read. I’ve strongly recommended it to my students and agree with Will Baude that it’s the best “single book” right now “to ...
After two Supreme Court confirmation hearings in quick succession, Americans now know more about the legal principle of stare decisis than perhaps they ever wanted to. Yet according to three of its ...
Joel Brandes at the New York State Court of Appeals in September 2016 in Albany, New York. (Photo/Hans Pennink) “Stare decisis” means “to stand by things decided.” (Black’s Law Dictionary, 11th ed.
User-Created Clip by tgrane October 7, 2019 2019-10-07T09:20:41-04:00https://images.c-span.org/Files/7f8/20191007092141001_hd.jpgDemand Justice co-founder Brian ...
With debates over the application of stare decisis taking center stage in recent Supreme Cout arguments regarding the viability of Chevron deference—an issue which we will likely revisit in June—it ...
This morning, Judge Patrick Bumatay of the Ninth Circuit gave the opening remarks at the Federalist Society Convention. First, Judge Bumatay opined on the topic of horizontal stare decisis: Second, ...
This evening, Judge Andrew S. Oldham of the Fifth Circuit gave the Joseph Story Distinguished Lecture at the Heritage Foundation. I was pleased to be in attendance. The topic was provocative and will ...
To the editor: We are familiar with the U.S. Supreme Court citing "stare decisis" (meaning "let the decision stand," or an adherence to precedence) as the basis for some of their decisions. However, ...
This article examines the recent Court of Appeals decision that addresses whether the plaintiff was engaged in the type of "repairing" activity that is covered by Labor Law §240(1). The case should be ...