Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Jurisprudence
Precedent In A Polarized Era, Zachary S. Price
Precedent In A Polarized Era, Zachary S. Price
Notre Dame Law Review
My Review begins below in Part I with a brief synopsis of Professor Kozel’s argument. Part II then discusses his theory’s particular value, and challenges, in our historical moment of acute polarization and political conflict over constitutional law. To make Part II’s claims more concrete, Part III then turns to Janus and Wayfair. It uses the two cases to illustrate pressures courts may face in the years ahead and assesses how well these decisions accord with Kozel’s theory. The Review ends with a conclusion reflecting more broadly on the importance of stare decisis and other institutional restraints in the current …
Precedent And Disagreement, Glen Staszewski
Precedent And Disagreement, Glen Staszewski
Michigan Law Review
A review of Randy J. Kozel, Settled Versus Right: A Theory of Precedent.
Nonmajority Opinions And Biconditional Rules, Adam N. Steinman
Nonmajority Opinions And Biconditional Rules, Adam N. Steinman
Faculty Scholarship
In Hughes v. United States, the Supreme Court will revisit a thorny question: how to determine the precedential effect of decisions with no majority opinion. For four decades, the clearest instruction from the Court has been the rule from Marks v. United States: the Court's holding is "the position taken by those Members who concurred in the judgments on the narrowest grounds." The Marks rule raises particular concerns, however, when it is applied to biconditional rules. Biconditionals are distinctive in that they set a standard that dictates both success and failure for a given issue. More formulaically, they combine an …