HowAppealing

MAY 23, 2022

Wade Must Go for Precedent’s Sake; Stare decisis is too important to be defined by such a poorly reasoned case”: Adam J. “Roe v. White will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Stare Decisis 100

Stare Decisis 100

Patently O

JULY 24, 2024

Although these decisions may not have as significant an impact in patent law as in other areas, they do pose interesting puzzles with respect to stare decisis as well as agency rulemaking and discretion that will provide many litigation opportunities going forward.

Stare Decisis 53

Stare Decisis Administrative Law Construction Laws 53

Patently O

FEBRUARY 23, 2023

Stare decisis, Latin for “to stand by things decided,” is a legal principle that directs courts to adhere to previous judgments, i.e., precedent, when resolving a case with comparable facts. the Federal Circuit applied stare decisis to a prior validity ruling involving a different patent and a different accused infringer.

Stare Decisis 56

Stare Decisis Litigating Litigation Court 56

SCOTUSBlog

APRIL 23, 2021

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?

Stare Decisis 76

Stare Decisis Laws Contract Court Decisions 76

HowAppealing

DECEMBER 20, 2021

“What Is Stare Decisis, and Why Is It Intellectually Hollow B t? There are no rules for when the Supreme Court can overturn its precedent. There is only the question of whether there are five votes to do it.” ” Elie Mystal has this post at Balls and Strikes.

Stare Decisis 100

Stare Decisis Court 100

Legal Research is Easy

AUGUST 5, 2019

Of course, this brings us to our word of the month: STARE DECISIS. According to Black's Law Dictionary, STARE DECISIS means: Latin: To stand by things decided. The doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation.

Stare Decisis 52

Stare Decisis Notary Public Laws Court 52

Above The Law

JULY 1, 2022

Stare decisis only matters when it’s convenient for this version of the high court. The post You Can Kiss Precedent Goodbye Thanks To The Supreme Court’s Conservative Majority appeared first on Above the Law.

Stare Decisis 98

Stare Decisis Court Laws 98

JURIST

JUNE 28, 2024

Though the court’s decision in Loper may contradict the stare decisi s principle of judicial continuity, the court found that some cases must involve the court “correcting [its] own mistakes.”

Stare Decisis 223

Stare Decisis Court Court Rules Litigating 223

Law 360

MAY 1, 2023

A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

Stare Decisis 75

Stare Decisis Laws Court 75

HowAppealing

OCTOBER 18, 2021

“A Century-Long ‘Reign of Error’ for a Supreme Court Typo; A sweeping statement in a 1928 opinion about property rights was revised soon after it was issued; But the error lived on”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times about a forthcoming (..)

Stare Decisis 100

Stare Decisis Court Laws 100

HowAppealing

MARCH 15, 2021

Hamilton ‘s majority opinion explained: The Chief Justice’s concurring opinion in June Medical offered the narrowest basis for the judgment in that case, giving stare decisis effect to Whole Woman’s Health v. Hellerstedt , 136 S. 2292 (2016), on the essentially identical facts in June Medical.

Stare Decisis 100

Stare Decisis Court 100

Patently O

JULY 15, 2022

In allowing the states to usurp citizens’ intellectual property rights, the justices of the Allen Court prioritized either a dogmatic form of stare decisis or the New Federalist ideology over the Constitution and its structure and history.

Stare Decisis 100

Stare Decisis Government Court 100

JURIST

MARCH 8, 2021

” The Court of Appeals has ruled “that its published opinions are binding on this court and on the district courts,” based on the premise of stare decisis.

Stare Decisis 152

Stare Decisis Court Legal Legal 152

SCOTUSBlog

DECEMBER 1, 2022

It has stare decisis effect.” On the other hand, “if we’ve just kind of used the word without deciding the issue, then … that doesn’t have stare decisis effect and, to the contrary, we disclaim any understanding that the thing was meant to be jurisdictional in the pure sense.”.

Statute 102

Statute Stare Decisis Government Court 102

JURIST

JANUARY 8, 2024

The common law’s precedent system, referred to as stare decisis, requires courts to adhere to decisions from higher courts, including those from larger benches or earlier instances of the same court. The judgement from May 2022 directed the State of Gujarat to consider the application of the convicts for premature release.

Stare Decisis 104

Stare Decisis Court Litigating Litigation 104

JURIST

APRIL 24, 2021

.” Even if the court had “doubts” about that rule, they should have provided “special justification” before overruling Miller and Montgomery , which they failed to do: How low this Court’s respect for stare decisis has sunk. … For most, the answer is yes.

Court Rules 104

Court Rules Stare Decisis Court Legal 104

SCOTUSBlog

NOVEMBER 7, 2022

Stare decisis does not compel continued adherence to Section 1983 precedent, according to HHC. Talevski offers three arguments for why stare decisis carries greater force in this case. States cannot knowingly and voluntarily accept federal money if they are unaware of the conditions on those funds.

Stare Decisis 90

Stare Decisis Statute Court Contract 90

SCOTUSBlog

APRIL 20, 2021

In addition to all of the above, Hologic argues that the court should maintain the doctrine because of stare decisis. When the justices convene, they will have an opportunity to determine whether the doctrine of assignor estoppel remains valid, whether as a matter of statutory interpretation, stare decisis or otherwise.

Stare Decisis 112

Stare Decisis Court Statute Government 112

Patently O

JULY 2, 2024

” Justice Gorsuch filed a lengthy concurrence, portions of which were joined by no other Justice, in which he argued that stare decisis principles supported overruling Chevron because the decision was inconsistent with “the laws adopted by the Nation’s elected representatives,” the APA, and the Constitution. .”

Stare Decisis 49

Stare Decisis Statute Construction Administrative Law 49

At the Lectern

APRIL 27, 2023

3d 318, finding the part was not dictum and there is nothing that “warrants departure from the doctrine of stare decisis.” In doing so, the court rejects a call to overturn part of its decision in Cameron v. State of California (1972) 7 Cal.3d

Stare Decisis 45

Stare Decisis Court Construction Government 45

SCOTUSBlog

APRIL 22, 2021

How low,” she concluded, “this Court’s respect for stare decisis has sunk.”. But, she added, “[a]ny doubts the Court may harbor about the merits of these decisions do not justify overruling them.” “How Kavanaugh pushed back, stressing that Thursday’s decision “does not overrule Miller or Montgomery.

Stare Decisis 135

Stare Decisis Court Court Decisions 135

Constitutional Law Reporter

JULY 30, 2024

The holdings of those cases that specific agency actions are lawful—including the Clean Air Act holding of Chevron itself—are still subject to statutory stare decisis despite the Court’s change in interpretive methodology,” Roberts wrote.

Stare Decisis 52

Stare Decisis Court Statute Construction 52

SCOTUSBlog

DECEMBER 10, 2021

Andrus further argues that the Texas court’s decision conflicts with “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions. Intellectual disability and the death penalty.

Stare Decisis 99

Stare Decisis Court Court Rules Legal 99

SCOTUSBlog

MARCH 30, 2022

Andrus argues that the Texas court “disregard[ed] this Court’s determinations and legal precedents to strain for a result that it prefers,” and in the process violated “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions. That’s all for this week. Until next time, stay safe ! New Relist.

Stare Decisis 103

Stare Decisis Court Felony Statute 103

Conflict of Laws

JUNE 13, 2024

In the next section, I further the discussion on the issue of diversity, looking at subject matter diversity, diversity of views, and the place of stare decisis and precedents in light of the current debates about PIL and expertise in the Nigerian Supreme Court and its resonance for the legal system.

Stare Decisis 69

Stare Decisis Laws Court Legal 69

JURIST

DECEMBER 6, 2022

In normal circumstances, the Court’s previous repudiations of the independent state legislature theory would counsel in favor of following the principle of stare decisi s, which suggests the Court should not overturn previous decisions except in extreme circumstances. Arizona Independent Redistricting Commission (2015).

Stare Decisis 197

Stare Decisis Court Laws Legal 197

JonathanTurley

MAY 14, 2022

Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent. Thomas told an audience that “I always say that when someone uses stare decisis that means they’re out of arguments. That was one of the central arguments in favor of preserving Roe.

Stare Decisis 44

Stare Decisis Court Drafting Education 44

Patently O

JUNE 29, 2021

These ideas of stare decisis and silent reenactment are part of a major ongoing debate within the Court over its role in changing its own prior precedent. = = = =.

Stare Decisis 90

Stare Decisis Court Litigating Litigation 90

The Crime Report

DECEMBER 5, 2023

agree with the dissenting judges below. Andrus’ case cries out for intervention, and it is particularly vital that this Court act when necessary to protect against defiance of its precedents.

Stare Decisis 122

Stare Decisis Court Attorney Court Decisions 122

SCOTUSBlog

JULY 1, 2021

In reaching this holding, the majority expressly did not rely on stare decisis and therefore did not expressly decide whether to overrule Westinghouse Electric Manufacturing Co. To resolve this dispute, the court sent the case back to the lower courts, which had not ruled on the issue. Formica Insulation Co. ,

Stare Decisis 105

Stare Decisis Court Rules Court Manufacturing 105

Patently O

JULY 6, 2022

And, in any case, these exceptions have defined the reach of the statute as a matter of statutory stare decisis going back 150 years. While these exceptions are not required by the statutory text, they are consistent with the notion that a patentable process must be “new and useful.” Kappos , 561 U.S. 593 (2010).

Stare Decisis 75

Stare Decisis Statute Court Construction 75

The Crime Report

MAY 18, 2021

She argued the Court has offered no “special justification,” as required, for breaking from the precedent set in Mille r and has therefore circumvented stare decisis , the legal principle that states the court must follow previous precedents. “The court is fooling no one,”” Justice Sonia Sotomayor said in her dissent.

Court Decisions 98

Court Decisions Stare Decisis Court Court Rules 98

Patently O

JULY 14, 2024

The Supreme Court directly revisited the rule in Kimble, but ultimately chose to uphold the rule based on stare decisis. .” This rule, known as the Brulotte rule, has faced criticism over the years for being economically irrational and inflexible.

Stare Decisis 49

Stare Decisis Contract Technology Entertainment 49

SCOTUSBlog

MAY 20, 2022

Texas , which were amply supported by the habeas and trial records, and whether the Texas court disregarded the Supreme Court’s express guidance for conducting a prejudice analysis pursuant to Strickland v.

Stare Decisis 124

Stare Decisis Court Lawyer Lawyers 124

SCOTUSBlog

APRIL 15, 2021

For the court to overrule Smith now, it would have to overcome the stare decisis effect of both Smith and Boerne. Alternatively, adopting the most-favored-nation theory in Fulton would also have profound impacts and call into question Boerne.

Stare Decisis 144

Stare Decisis Court Sports Government 144

SCOTUSBlog

APRIL 12, 2022

Texas , which were amply supported by the habeas and trial records, and whether the Texas court disregarded the Supreme Court’s express guidance for conducting a prejudice analysis pursuant to Strickland v.

Stare Decisis 116

Stare Decisis Court Statute Litigating 116

SCOTUSBlog

APRIL 18, 2023

In cases involving the Supreme Court’s interpretation of statutes, she observed, the presumption of stare decisis – that is, the principle that courts should not overturn their prior precedent unless there is a good reason to do so – “is at its peak” because Congress can always change the law.

Stare Decisis 106

Stare Decisis Statute Court Laws 106