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Martin Shapiro

Torts

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Toward A Theory Of Stare Decisis, Martin Shapiro Dec 2015

Toward A Theory Of Stare Decisis, Martin Shapiro

Martin Shapiro

Proposes a theory of stare decisis which draws upon the insights of communications theory as well as the decision-making process in tort law. Branches of communications theory; Discussion on the information and redundancy concepts of syntactics; Model which have overshadowed the importance of redundancy in error correction; Key activity of the tort organization and its litigational market operating under the rules of stare decisis; Reason behind the survival of stare decisis.