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Expanding Stare Decisis: The Role Of Precedent In The Unfolding Dialectic Of Brady V. Maryland, Colin Starger
Expanding Stare Decisis: The Role Of Precedent In The Unfolding Dialectic Of Brady V. Maryland, Colin Starger
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Does stare decisis constrain the expansion of constitutional doctrine? Does existing precedent preclude the Supreme Court from expanding a criminal defendant’s right to exculpatory evidence? While commentators frequently clash on when stare decisis should prevent the Court from overruling its own precedents, the question of when fidelity to precedent should inhibit doctrinal expansion is surprisingly under-theorized. This Article begins to fill this gap through an in-depth case study of stare decisis and the expansion of criminal due process doctrine.
This Article analyzes the longstanding constitutional dialectic between procedural and substantive schools of criminal due process. Focus is on Brady v. …
A Visual Guide To Nfib V. Sebelius, Colin Starger
A Visual Guide To Nfib V. Sebelius, Colin Starger
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Though Chief Justice Roberts ultimately provided the fifth vote upholding the Affordable Care Act (ACA) under the Tax Power, his was also one of five votes finding the ACA exceeded Congress’ power under the Commerce Clause.
The doctrinal basis for Roberts’ Commerce Clause analysis was hotly contested. While Roberts argued that the ACA’s purported exercise of Commerce power “finds no support in our precedent,” Justice Ginsburg accused the Chief Justice of failing to “evaluat[e] the constitutionality of the minimum coverage provision in the manner established by our precedents.”
These diametrically opposed perspectives on “precedent” might prompt observers to ask whether …
The Short-Sighted Attack On Patent Eligibility Of Healthcare Related Patents, Gregory Dolin
The Short-Sighted Attack On Patent Eligibility Of Healthcare Related Patents, Gregory Dolin
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On March 20, 2012, the Supreme Court of the United States unanimously decided the case of Mayo Collaborative Svc. v. Prometheus Labs. At issue was a patent, held by Prometheus that taught doctors how to adjust the amount of thiopurine (a drug used for treatment of a variety of autoimmune diseases) administered to a patient. In an opinion by Justice Breyer, the Court held Prometheus’s invention to not be patent eligible and invalidated the patent. Though I believe that the reasoning the Court employed was erroneous and highly problematic (of which more later), the decision could have been viewed as …