From our Cricket Correspondent, FROM AN AUSTRALIAN CORRESPONDENT, FROM OUR RUGBY FOOTBALL CORRESPONDENT, BY OUR SPECIAL CORRESPONDENT, BY OUR RACING CORRESPONDENT, FROM OUR HOCKEY CORRESPONDENT, FROM OUR SQUASH RACKETS CORRESPONDENT, BY OUR BOXING CORRESPONDENT, FROM OUR CORRESPONDENT, BY OUR LABOUR CORRESPONDENT, BY OUR MEDICAL CORRESPONDENT, BY OUR POLITICAL CORRESPONDENT, FROM OUR SPECIAL CORRESPONDENT, BY BEN JONSON, FROM OUR CHESS CORRESPONDENT, FROM OUR OWN CORRESPONDENT, From Our Special Correspondent, By Our Parliamentary Correspondent, From Our Own Correspondent, By Our Special Correspondent, ARTHUR MANN. London, W.8, March 2., A. M. P. BROOKES. St. John's College, Cambridge., D. F. SPINK. 6, King Street, St. James's, S.W.I., RICHARD VINER. 2, Burton Mews, South Eaton Place, S.W.1, March 1., A. P. HERBERT. 12, Hammersmith Terrace, W.6, March 3., DOREEN WALLACE. Wortham Manor, Diss, March 1., H. W. JUNIPER. Warish Hall, Takeley, Bishop's Stortford., By Charles Evans, MATILDE DE OBARRIO MALLET. Palacio Hotel, Estoril, Portugal, Feb. 18., CUTHBERT CROYDON. HUGH BARKING., FROM LLOYD'S,
... Court Of Appeal Irish Company's Appeal Dismissed: "Stare Decisis" Morelle Ltd. V. Wakeling, Queen's Bench Division ...
1955 - Gale Group | TDA
... it, by adhering to the doctrine of stare decisis. Stare decisis states that judicial decisionmaking should adhere to precedent. ...
Tópico(s): Judicial and Constitutional Studies
2003 - The Yale Law Journal Company | The Yale Law Journal
Attributed to James Adair by Goldsmiths' Library. "Case of Libellis Famosis, 5. Co. 25."--P. [1]-[5]. Book.
0000 - Gale Group | The Making of Modern World
Luca Anderlini, Leonardo Felli, Alessandro Riboni,
... at the root of the principle of stare decisis. Stare decisis forces Courts to weigh the benefits of leniency ... ones. We study these dynamics and and that stare decisis guarantees that precedents evolve towards ex-ante efficient ...
Tópico(s): Economic Policies and Impacts
2010 - RELX Group (Netherlands) | SSRN Electronic Journal
... parties only requirement does not apply to stare decisis because stare decisis, in contrast to issue preclusion, is a flexible doctrine. Yet stare decisis often functions inflexibly in the federal courts, particularly ... forecloses a litigant from meaningfully urging error - correction - stare decisis unconstitutionally deprives a litigant of the right to ... due-process problem, I suggest that courts render stare decisis more flexible; specifically, I propose that courts remove ...
Tópico(s): Dispute Resolution and Class Actions
2003 - RELX Group (Netherlands) | SSRN Electronic Journal
1886 - | The American Law Register (1852-1891)
1905 - Harvard Law Review Association | Harvard Law Review
1904 - University of Michigan Law School | Michigan Law Review
Tópico(s): Legal Systems and Judicial Processes
1924 - Harvard Law Review Association | Harvard Law Review
1946 - University of Washington School of Law | Washington law review
Tópico(s): European Politics and Security
1949 - Columbia Law School | Columbia Law Review
Tópico(s): International Law and Human Rights
1958 - University of Utah Press | The Western Political Quarterly
Tópico(s): European and International Law Studies
1933 - Columbia Law School | Columbia Law Review
... CLEAN ABOUT PRECEDENT, AND THEREBY END THE HYPOCRISY Stare decisis is at least the everyday working rule of ... 6th ed. 1958) (emphasis added). In thinking about stare decisis and adjudication at the World Trade Organization (WTO), ... Two of the present trilogy, The Myth About Stare Decisis and International Trade Law (Part One of a Trilogy)2 and The Precedent Setters: De Facto Stare Decisis in WTO Adjudication (Part Two of a Trilogy). ... in Part One is that the idea that stare decisis does not operate in international trade law is ...
Tópico(s): International Arbitration and Investment Law
2001 - Routledge | The George Washington international law review
Stare Decisis and Judicial Restraint Lewis F. Powell, Jr. Editor’s Note: This essay was originally deliv eredas ... questioned. Justice Kennedy also has high qualifications. A. Stare Decisis in the 1988 Term Any talk of change ... the past Term have contained explicit discussions of stare decisis, both in statutory and constitutional cases. Perhapsthemostsignificant ofthe ... its initial correctness, Runyon should be reaffirmed on stare decisis grounds.3 Justice Kennedy’sCourt opinion reviewed anumber ... past opinions and stated that ‘“the doctrine of stare decisis is of fundamental im portance to the rule ...
Tópico(s): Law, Rights, and Freedoms
1991 - Wiley | Journal of Supreme Court History
Stare decisis has been called many things, among them principle of policy, series of prudential and pragmatic considerations, ... preferred course. Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system ... that come before the courts.This Article examines stare decisis as applied by the U.S. Supreme Court, ... two principal lessons about the modern doctrine of stare decisis. First, the doctrine is comprised largely of malleable ... the decision to overrule a given precedent. When stare decisis is reconceptualized in terms of these reliance implications, ...
Tópico(s): Judicial and Constitutional Studies
2010 - RELX Group (Netherlands) | SSRN Electronic Journal
... of the Supreme Court's current doctrine of stare decisis to the Supreme Court's current doctrine of stare decisis would counsel in favor of adhering to current ... justifications. Accordingly, the Court's current doctrine of stare decisis may and should be overruled - according to the Court's current doctrine of stare decisis.
Tópico(s): Legal and Constitutional Studies
2008 - RELX Group (Netherlands) | SSRN Electronic Journal
... constitutional foundations, maintains that an unappreciated function of stare decisis is that of referee between competing visions of the Constitution. Stare decisis is styled as a doctrine of error-correction, ... for disagreement about first principles. In these cases, stare decisis functions less to guide the business of correcting ... in interpreting the Constitution. Identifying this function of stare decisis offers a different perspective on the values served ... avoids entrenching particular resolutions to methodological controversies, weak stare decisis reflects respect for pluralism on and off the ...
Tópico(s): Judicial and Constitutional Studies
2013 - RELX Group (Netherlands) | SSRN Electronic Journal
This essay advances a formalist conception of constitutional stare decisis. I shall argue that instrumentalist accounts of precedent ... and political) siege. Then, in Part III, Neoformalism, Stare Decisis, and the Rule of Law, we examine the ... In Part IV, A Neoformalist Conception of Constitutional Stare Decisis, that theoretical framework is deployed to develop the outline of a neoformalist theory of constitutional stare decisis. This conception is brought down to earth in ... its title: Does the Neoformalist Conception of Constitutional Stare Decisis Support Contemporary Unenumerated Rights Jurisprudence? We wrap it ...
Tópico(s): Legal Systems and Judicial Processes
2006 - RELX Group (Netherlands) | SSRN Electronic Journal
This essay advances a formalist conception of constitutional stare decisis. I shall argue that instrumentalist accounts of precedent ... and political) siege. Then, in Part III, Neoformalism, Stare Decisis, and the Rule of Law, we examine the ... In Part IV, A Neoformalist Conception of Constitutional Stare Decisis, that theoretical framework is deployed to develop the outline of a neoformalist theory of constitutional stare decisis. This conception is brought down to earth in ... its title: Does the Neoformalist Conception of Constitutional Stare Decisis Support Contemporary Unenumerated Rights Jurisprudence? We wrap it ...
Tópico(s): Legal Systems and Judicial Processes
2006 - University of Pennsylvania Law School | University of Pennsylvania journal of constitutional law
Stare decisis remains a controversial feature of the legal systems that recognize it.Some jurists argue that the ... good rule-of-law arguments in favor of stare decisis.This Article considers one possible good rule-of-law argument.It suggests that we should approach stare decisis in a layered way, looking at what the ... that is not in itself an argument for stare decisis since it presupposes that precedents have already been ... case, but a strong and productive case-for stare decisis.
Tópico(s): Judicial and Constitutional Studies
2011 - RELX Group (Netherlands) | SSRN Electronic Journal
Stare decisis remains a controversial feature of the legal systems that recognize it.Some jurists argue that the ... good rule-of-law arguments in favor of stare decisis.This Article considers one possible good rule-of-law argument.It suggests that we should approach stare decisis in a layered way, looking at what the ... that is not in itself an argument for stare decisis since it presupposes that precedents have already been ... case, but a strong and productive case-for stare decisis.
Tópico(s): Law, Rights, and Freedoms
2011 - RELX Group (Netherlands) | SSRN Electronic Journal
Is the rule of stare decisis a constitutional requirement, or is it merely a policy that can be abandoned at the will of the courts? This ... of Appeals for the Eighth Circuit, argues that stare decisis was such an established and integral feature of ... precedent in the common law, it demonstrates that stare decisis was not an established doctrine by 1789, nor ... power. The Article also demonstrates that even if stare decisis is constitutionally required, the courts are not obligated ... precedential effect to every one of their decisions. Stare decisis is not an end in itself, but a ...
Tópico(s): Legal Systems and Judicial Processes
2006 - RELX Group (Netherlands) | SSRN Electronic Journal
... prior decisions, even if the prevailing doctrine of stare decisis had remained relatively constant.Without the baggage of ... aspects of the Rehnquist Court's doctrine of stare decisis from founding-era commentary to their origins in ... an initial summary of the Rehnquist Court's stare decisis standards in Part II, this Article traces three ... this Article concludes that the modern muddle over stare decisis has been with us since the founding era. ... Second, although the Rehnquist Court's notion that stare decisis is most powerful in cases involving vested property ...
Tópico(s): Legal and Constitutional Studies
1999 - Cambridge University Press | Vanderbilt law review
... that without understanding how the Supreme Court approaches stare decisis in antitrust. The Court's 5-4 decision ... The Court has suggested that it should approach stare decisis differently in statutory areas from the way it ... that the Court should apply its approach to stare decisis in constitutional cases to cases based on statutes, ...
Tópico(s): Legal and Constitutional Studies
2008 - RELX Group (Netherlands) | SSRN Electronic Journal
... deference regime doctrinally, perhaps as a matter of stare decisis. Such normative debates about deference rest upon assumptions ... generally give deference-regime precedents anything close to stare decisis effect, but that the policies underlying the major ... construction, and certainly not as precedents entitled to stare decisis effect. More broadly, the empirical analysis casts doubt ... opinions (such as Chevron) as precedents entitled to stare decisis. A jurisprudential reason for this skepticism, buttressed by ...
Tópico(s): Law, Economics, and Judicial Systems
2010 - RELX Group (Netherlands) | SSRN Electronic Journal
Charles M. Cameron, Lewis A. Kornhauser, Giri Parameswaran,
The practice of horizontal stare decisis requires that judges occasionally decide cases "incorrectly''. What sustains this practice? Given a heterogeneous bench, we show that the increasing ... are fully realized by implementing a compromise rule – stare decisis. Absent commitment, we provide conditions that sustain the ... compromises even when perfect ones are sustainable. Thus, stare decisis is consistent with a partially-settled-partially-contested ...
Tópico(s): International Arbitration and Investment Law
2017 - RELX Group (Netherlands) | SSRN Electronic Journal
Before a justice on the Supreme Court applies stare decisis in a constitutional case, they must first determine ... high costs that application of the doctrine of stare decisis is inappropriate and the error should simply be ... flawed precedent. This balancing of normative theory and stare decisis occurs in all judicial applications of stare decisis, though not always in a transparent manner. Focusing ... some of the more high profile discussions of stare decisis by the Rehnquist and Roberts Courts, this essay ...
Tópico(s): Legal Systems and Judicial Processes
2013 - RELX Group (Netherlands) | SSRN Electronic Journal
... 1086/680931Luca Anderlini, Leonardo Felli, Alessandro Riboni Why stare decisis?, Review of Economic Dynamics 17, no.44 (Oct ... 1017/S1744137411000440P. A. Fernandez, G. A. M. Ponzetto Stare Decisis: Rhetoric and Substance, Journal of Law, Economics, and ... ssrn.1581746Luca Anderlini, Leonardo Felli, Alessandro Riboni Why Stare Decisis?, SSRN Electronic Journal (Jan 2010).https://doi.org/ ... ssrn.1114941Patricio A. Fernandez, Giacomo A. M. Ponzetto Stare Decisis: Rhetoric and Substance, SSRN Electronic Journal (Jan 2008). ...
Tópico(s): European and International Contract Law
1977 - University of Chicago Press | The Journal of Legal Studies
... opinions, anid of the Court's alterations of stare decisis. Results: Since the data support our account of stare decisis as a norm that structures judicial decisions, we ...
Tópico(s): Law, Economics, and Judicial Systems
1996 - Wiley | American Journal of Political Science