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Full-Text Articles in Law
The Dialectic Of Stare Decisis Doctrine, Colin Starger
The Dialectic Of Stare Decisis Doctrine, Colin Starger
All Faculty Scholarship
In the United States Supreme Court, the concept of stare decisis operates as both metadoctrine and doctrine. On the one hand, stare decisis functions as a generally applicable presumption in favor of adherence to precedent. This presumption is metadoctrinal because it provides a generic argument against overruling that applies independently of the substantive context of any given case. On the other hand, when the Court considers overruling a particularly controversial precedent, it usually weighs the constraining force of stare decisis by invoking factors and tests announced in its own prior caselaw. In other words, the Court has precedent about when …
Charter Schools, Vouchers, And The Public Good, Derek W. Black
Charter Schools, Vouchers, And The Public Good, Derek W. Black
Faculty Publications
Charter schools and vouchers have thus far been promoted or vilified based on their potential to improve academic achievement for those students enrolled in them. This debate, however, ignores a more important question: whether these educational policies serve the public good. Education as a public good cannot be reduced solely to questions of academic achievement, much less the academic achievement of a subset of students. Theoretically, charter schools and vouchers can serve the public good, but in practice, they have not. This shortcoming, however, is not necessarily due to an inherent flaw in charters or vouchers, but the failure of …
Health Dissent: Resisting Attacks On Alternative Medicine, Brian Martin
Health Dissent: Resisting Attacks On Alternative Medicine, Brian Martin
Faculty of Law, Humanities and the Arts - Papers (Archive)
Imagine that you have taken a stand challenging medical orthodoxy. It might be on cancer treatments, diet, alternative therapies, or any number of other issues. You start to come under attack. Critics write hostile comments on blogs; complaints are made to medical authorities; your attempts to organize public talks talks are sabotaged. What should you do?