Remove Court Decisions Remove Laws Remove Stare Decisis
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Doctrinal “dinosaur” or stare decisis? Justices wrestle with patent-law precedent.

SCOTUSBlog

Wolf principally argued that stare decisis justifies maintaining the doctrine. Chief Justice John Roberts suggested that “it’s not the strongest stare decisis argument” in light of Supreme Court decisions characterizing the doctrine as a failure. The post Doctrinal “dinosaur” or stare decisis?

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High Court Decision Called ‘Alarming Reversal’ in  Youth Justice

The Crime Report

That not only amounts to a reversal of a precedent set earlier by the Court, but is an “alarming” step back in protecting juveniles, say Arthur Ago and Rochelle Swartz of the Lawyers’ Committee for Civil Rights Under Law. The court is fooling no one,”” Justice Sonia Sotomayor said in her dissent.

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Collateral Estoppel Beats Precedent Every Time

Patently O

This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District court decisions are not binding precedent because they are at the bottom.

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Divided Supreme Court Strikes Down Chevron in Landmark Decision

Constitutional Law Reporter

By a vote of 6-3, the Court held that Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether a federal agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.

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A call for the wider study of Private International Law in Africa: A Review of Private International Law In Nigeria

Conflict of Laws

Written by Orji Agwu Uka, Senior Associate at Africa Law Practice (ALP)*. This is the fifth and final online symposium on Private International Law in Nigeria initially announced on this blog. Those pieces of advice and legal representations would have benefitted greatly from a comprehensive private international law treatise.

Laws 52
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The Nigerian Court of Appeal declines to enforce a Commonwealth of Virginia (in USA) Choice of Court Agreement

Conflict of Laws

Its argument, inter alia , was that by virtue of Article 12 and 13 of their agreement, the Nigerian court had no jurisdiction in this case. GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to the principle of conflicts of any jurisdiction.”.

Court 52
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Iowa high court rules abortion is not a fundamental right under state constitution

JURIST

The decision overturns a 2018 ruling which held there is a fundamental right to abortion in Iowa. Planned Parenthood sued to challenge a 2020 law which requires a 24 hour waiting period before an abortion. After a lower court ruled the law was unconstitutional, Iowa appealed to the state supreme court.