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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 …
Exile On Main Street: Competing Traditions And Due Process Dissent, Colin Starger
Exile On Main Street: Competing Traditions And Due Process Dissent, Colin Starger
All Faculty Scholarship
Everybody loves great dissents. Professors teach them, students learn from them, and journalists quote them. Yet legal scholars have long puzzled over how dissents actually impact the development of doctrine. Recent work by notable empirical scholars proposes to measure the influence of dissents by reference to their subsequent citation in case law. This Article challenges the theoretical basis for this empirical approach and argues that it fails to account for the profound influence that uncited dissents have exerted in law. To overcome this gap in the empirical approach, this Article proposes an alternative method that permits analysis of contextual and …
Recent Developments: Mayor And City Council Of Baltimore V. Lndianapolis Colts, Inc.: The Demise Of The Public Use Doctrine, Thomas J. Drechsler
Recent Developments: Mayor And City Council Of Baltimore V. Lndianapolis Colts, Inc.: The Demise Of The Public Use Doctrine, Thomas J. Drechsler
University of Baltimore Law Forum
No abstract provided.
Sex-Based Wage Discrimination And The Comparable Worth Doctrine, Claire M. Treanor
Sex-Based Wage Discrimination And The Comparable Worth Doctrine, Claire M. Treanor
University of Baltimore Law Forum
No abstract provided.
Recent Decisions - State And Federal: Merger Doctrine Examined, John Jeffrey Ross
Recent Decisions - State And Federal: Merger Doctrine Examined, John Jeffrey Ross
University of Baltimore Law Forum
No abstract provided.