STARE DECISIS v. THE "NE MAJORITY": THE MICHIGAN SUPREME COURT'S PRACTICE OF OVERRULING PRECEDENT, 1998-2002
- Stare Decisis: Rhetoric and Substance. Fernandez, Patricio A.; Ponzetto, Giacomo A. M. // Journal of Law, Economics & Organization;Jun2012, Vol. 28 Issue 2, p313
Stare decisis allows common law to develop gradually and incrementally. We show how judge-made law can steadily evolve and tend to increase efficiency even in the absence of new information. Judges' opinions must argue that their decisions are consistent with precedent: this is the more costly,...
- How Judges Overrule: Speech Act Theory and the Doctrine of Stare Decisis. Dunn, Pintip Homptuem // Yale Law Journal;Nov2003, Vol. 113 Issue 2, p493
Judges sustain the fiction that they interpret law, but never create it, by adhering to the doctrine of stare decisis. Stare decisis states that judicial decision-making should adhere to precedent. Precedent provides a source external to the judges' individual opinions that legitimizes their...
- On Lawson on precedent. Amar, Akhil Reed // Harvard Journal of Law & Public Policy;Winter94, Vol. 17 Issue 1, p39
Challenges the arguments presented by professor Gary Lawson concerning the use of judicial precedents in judicial decision-making. Distinction between vertical and horizontal precedent; Supremacy of the constitution over precedents; Application of precedents.
- Precedent and the necessary externality of constitutional norms. Schauer, Frederick // Harvard Journal of Law & Public Policy;Winter94, Vol. 17 Issue 1, p45
Discusses the role of judicial precedents and stare decisis in constitutional adjudication. Arguments against professor Gary Lawson's assumptions on the application of precedents; Criticisms against Lawson's account of the status of precedents; Conception of the constitution and its...
- DEFINING DICTA. Abramowicz, Michael; Stearns, Maxwell // Stanford Law Review;Mar2005, Vol. 57 Issue 4, p953
In recent decades, legal scholars have devoted substantially greater attention to studying the origin and nature of stare decisis than to defining the distinction between holding and dicta. This appears counterintuitive when one considers, first, that stare decisis applies only to holdings of...
- THE RATIONAL DOCTRINE OF STARE DECISIS. O'Donnell, Patrick S. // Quadrant Magazine;Jul/Aug2004, Vol. 48 Issue 7/8, p58
Presents information on stare decisis. Aspects involved in the determination of precedent in stare decisis; Concept of the principle of consistency and equality; Power of the court to disregard binding precedent.
- EDITORIAL. Sarat, Austin // Law, Culture & the Humanities;Feb2009, Vol. 5 Issue 1, p1
The author reflects on the way law stands in relations to the past, present and the future. He asserts that contends that the relationship of law to history is complex and multidirectional, in which the law uses history to construct the present. He cited the doctrine of "Stare Decisis" as an...
- THREE LEVELS OF STARE DECISIS: DISTINGUISHING COMMON-LAW, CONSTITUTIONAL, AND STATUTORY CASES. Kalt, Brian C. // Texas Review of Law & Politics;Spring2004, Vol. 8 Issue 2, p277
Presents the levels of stare decisis. Interpretation of the courts on law; Assessment of common-law decisions; Functions of judges.
- Abandoning 'stare decisis' is sometimes the best course. Day, John A. // Tennessee Bar Journal;Sep2004, Vol. 40 Issue 9, p24
The article discusses stare decisis. Changes in social norms; Reasons for judicial errors; Roles of judges on judicial errors.