It is a central principle of law: Courts are supposed to follow earlier decisions – precedent – to resolve current disputes. But it’s inevitable that sometimes, the precedent has to go, and a court ...
As the Supreme Court has been debating judicial adherence to the doctrine of stare decisis recently, it bears remembering that litigants seeking a change in the law applicable to their case should ...
Add Yahoo as a preferred source to see more of our stories on Google. (Fred Schilling, Collection of the Supreme Court of the United States) In a recent interview with The New York Times, Justice Amy ...
In his account of why people, and nations, lie about their conduct in war, the political philosopher Michael Walzer observed: “Wherever we find hypocrisy, we also find moral knowledge.” The hypocrite ...
Recent developments at the Supreme Court have helped kick off a new debate over the role of precedent in judicial decision-making. This term, two significant precedents have been overruled by close ...
When a party fails to comply with a condition precedent, especially if such a provision includes a time limit for the fulfilment of the obligation, it will often advance various arguments to avoid the ...
When Justice Brett Kavanaugh was facing tough questions during his 2018 confirmation battle about his views on the Supreme Court’s abortion rulings. he returned time and time again to the importance ...
Although Supreme Court justices are by no means bound by their past decisions, they often respect them, for a variety of reasons. Justice Elena Kagan offered her reasons for remaining faithful to ...
Kirsten Matoy Carlson does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations ...