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Full-Text Articles in 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 …
Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead
Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead
Journal Articles
Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decision making. It has captured the attention of officials in every branch of government, as well as the American public itself. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decision making) continue to roil the public square.
This Article examines the question of how scientific methods and …