Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- China (1)
- Chinese People's Court (1)
- Clearinghouses (1)
- Consent (1)
- Courts (1)
-
- Decrees (1)
- Equal Employment Opportunity Commission (1)
- Injunctive orders (1)
- Judicial law making (1)
- Jurisprudence (1)
- Legal institutions (1)
- Obscurity (1)
- Regulation (1)
- Research (1)
- Role of appellate courts (1)
- Rule of law (1)
- Settlement agreements (1)
- Stare decisis (1)
- United States Supreme Court (1)
- University of Michigan Law School (1)
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Rule of Law
State Supreme Court Opinions As Law Development, Victor Eugene Flango
State Supreme Court Opinions As Law Development, Victor Eugene Flango
The Journal of Appellate Practice and Process
No abstract provided.
China's Judicial System And Judicial Reform, Nicholas C. Howson
China's Judicial System And Judicial Reform, Nicholas C. Howson
Other Publications
The following is an extract from the statement delivered by Michigan Law School Professor Nicholas Howson at the inaugural “China-U.S. Rule of Law Dialogue” held at Beijing’s Tsinghua University July 29-30, 2010, and convened by Tsinghua Law Dean Wang Zhenmin and Harvard Law School Professor and East Asian Legal Studies Director William Alford, and with the support of the China-United States Exchange Foundation chaired by C.H. Tung, first chief executive and president of the Executive Council of the Hong Kong Special Administrative Region. The dialogue was organized as a private meeting between senior PRC law professors and U.S.-based Chinese law …
Stare Decisis As Judicial Doctrine, Randy J. Kozel
Stare Decisis As Judicial Doctrine, Randy J. Kozel
Journal Articles
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 …
Against Secret Regulation: Why And How We Should End The Practical Obscurity Of Injunctions And Consent Decrees (Symposium: Rising Stars: A New Generation Of Scholars Looks At Civil Justice), Margo Schlanger
Articles
Every year, federal and state courts put in place orders that regulate the prospective operations of certainly hundreds and probably thousands of large government and private enterprises. Injunctions and injunction-like settlement agreements-whether styled consent decrees, settlements, conditional dismissals, or some other more creative title-bind the activities of employers, polluters, competitors, lenders, creditors, property holders, schools, housing authorities, police departments, jails, prisons, nursing homes, and many others. The types of law underlying these cases multiply just as readily: consumer lending, environmental, employment, anti-discrimination, education, constitutional, and so on. Injunctive orders, whether reached by litigation or on consent, suffuse the regulatory environment, …