As the Supreme Court has been debating judicial adherence to the doctrine of stare decisis recently, it bears remembering that litigants seeking a change in the law applicable to their case should ...
It is a central principle of law: Courts are supposed to follow earlier decisions – precedent – to resolve current disputes. But it’s inevitable that sometimes, the precedent has to go, and a court ...
It is a central principle of law: Courts, including the Supreme Court, are supposed to follow earlier decisions – precedent – to resolve current disputes. But on rare occasions, Supreme Court justices ...
The prior-panel-precedent rule allows federal appellate courts to avoid considering “difficult arguments” and “to do its work with fewer judges more quickly,” said a legal scholar who is not involved ...
For almost 50 years, Roe v. Wade had been the law of the land, albeit one that has been altered somewhat by cases such as Planned Parenthood v. Casey. Just about everyone has an opinion on abortion, ...
“Were they not telling the truth?” House Speaker Nancy Pelosi said of Supreme Court justices who told Congress they respected precedent. Grilled on camera in a hearing room on Capitol Hill, Supreme ...
The law is harsh, but it is the law: so says the AI judge in a recent study from the University of Chicago Law School. The study analysed the differences between AI and human legal decision-making, ...
In his account of why people, and nations, lie about their conduct in war, the political philosopher Michael Walzer observed: “Wherever we find hypocrisy, we also find moral knowledge.” The hypocrite ...
Imagine you're crafting an argument in an appellate court. The key statute has language that favors you, but a decades-old Supreme Court case goes the opposite way. Or, from the other side, the case ...