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Stare Decisis As Judicial Doctrine, Randy J. Kozel
Stare Decisis As Judicial Doctrine, Randy J. Kozel
Randy J Kozel
Stare decisis has been called many things, among them a principle of policy, a series of prudential and pragmatic considerations, and simply the preferred course. Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules of decision for resolving concrete disputes that come before the courts.
This Article examines stare decisis as applied by the U.S. Supreme Court, our nation’s highest doctrinal authority. A review of the Court’s jurisprudence yields two principal lessons about the modern doctrine of stare decisis. First, the doctrine is comprised largely of malleable factors …
Lochner Disembedded: The Anxieties Of Law In A Global Context, Peer Zumbansen
Lochner Disembedded: The Anxieties Of Law In A Global Context, Peer Zumbansen
Peer Zumbansen
This paper explores, in an inevitably cursory manner, some of the main challenges facing a legal theory of transnational governance today. In part building on and responding to William Twining's identification of key problems of law in a global context (2009; 2012), the following paper adopts a two-fold approach. One element is to suggest a conceptual architecture, which captures law in its transformational state through a focus on actors, norms, and processes. Second, the paper proposes case studies as a central methodological device to explore the nature, scope, and function of governance-both legal and nonlegal-in a global context. Through the …