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Stare Decisis And The Rule Of Law: A Layered Approach, Jeremy Waldron
Stare Decisis And The Rule Of Law: A Layered Approach, Jeremy Waldron
Michigan Law Review
Stare decisis remains a controversial feature of the legal systems that recognize it. Some jurists argue that the doctrine is at odds with the rule of law; others argue that there are 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 rule of law requires of the various judges involved in the development of a precedent. One rule-of-law principle, the principle of constancy, counsels against lightly overturning such precedents as there are. But that is not in …
Precedent In Law, Erik G. Light
Precedent In Law, Erik G. Light
Michigan Law Review
A Review of Precedent in Law edited by Laurence Goldstein
Does Doctrine Matter?, Frederick Schauer
Does Doctrine Matter?, Frederick Schauer
Michigan Law Review
A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi