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Full-Text Articles in Jurisprudence
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Jesse H Choper
The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …
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 …
The Scope Of Precedent, Randy J. Kozel
The Scope Of Precedent, Randy J. Kozel
Randy J Kozel
The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales and elaborate doctrinal frameworks articulated by their predecessors. This practice infuses judicial precedent with the prescriptive power of enacted constitutional and statutory text. The lower federal courts follow suit, regularly abiding by the Supreme Court’s broad pronouncements. These phenomena cannot be explained by—and, indeed, oftentimes subvert—the classic distinction between binding holdings and dispensable dicta. This Article connects the scope of precedent with recurring and foundational debates about the proper ends of judicial interpretation. A precedent’s forward- looking effect should not depend on the …
The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf
The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf
Michael C. Dorf
No abstract provided.
Foreward: The Most Confusing Branch, Michael C. Dorf
Foreward: The Most Confusing Branch, Michael C. Dorf
Michael C. Dorf
No abstract provided.
All Things In Proportion? American Rights Doctrine And The Problem Of Balancing, Alec Stone Sweet
All Things In Proportion? American Rights Doctrine And The Problem Of Balancing, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.