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"Let Congress Do It": The Case For An Absolute Rule Of Statutory Stare Decisis, Lawrence C. Marshall
"Let Congress Do It": The Case For An Absolute Rule Of Statutory Stare Decisis, Lawrence C. Marshall
Michigan Law Review
The sporadic way that various members of the Supreme Court and the legal community treat the principle of stare decisis is increasingly striking. At times, the rule of stare decisis appears to be trotted out in defense of decisions that were actually reached on quite independent grounds. At other times, the dictates of the rule appear to be casually ignored when other factors call for the overruling of a precedent. It is tempting, therefore, to dismiss the rule of stare decisis as a mere rhetorical device, much like the question of whether a Supreme Court nominee's judicial philosophy is an …
History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid
History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid
Campbell Law Review
Why have there been such wide divergences in the cases involving executive power to remove? This Article attempts a partial answer to that puzzle.
The Yonkers Case: Separation Of Powers As A Yardstick For Determining Official Immunity, Amy Walsh
The Yonkers Case: Separation Of Powers As A Yardstick For Determining Official Immunity, Amy Walsh
Fordham Urban Law Journal
The author examines the application of the official immunity doctrine to a situation where a federal district court issued contempt citations to local legislators in Yonkers who refused to pass legislation as required by a consent decree. The author argues that the function test for official immunity is by its very nature conclusory, and thus courts, in close cases, should use a separation of powers analysis to inform their application of the function test. Courts should deploy this separation of powers analysis by finding that where an official act was based on a mixture of powers, a rebuttable presumption should …