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Two death penalty cases and free speech at animal facilities

SCOTUSBlog

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. In Georgia, a defendant invoking Atkins v.

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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

Virginia Hospital Association (1990), and hold that spending clause enactments are not enforceable through Section 1983. 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.

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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

In November 30 2020, the Nigerian Court of Appeal delivered a third decision where it declined to enforce a Commonwealth of Virginia (in USA) Choice of Court Agreement. [3] 8] It should be stressed that Oputa JSC’s obiter dictum is not binding on lower courts according to the Nigerian common law doctrine of stare decisis.

Court 52
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Conflict of Laws and Diversity of Opinions—A View of The Nigerian Jurisdiction

Conflict of Laws

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.

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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

Although the railroad’s principal place of business is Virginia, it is registered to do business in Pennsylvania as a foreign corporation, and Mallory sued there. Robert Mallory worked for Norfolk Southern Railway for almost 20 years and claims he developed colon cancer because of his workplace exposure to asbestos and other toxic chemicals.

Statute 107
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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

Loper Bright insists that the justices can overrule the Chevron doctrine without having to consider principles of stare decisis – the idea that a court should not overrule its earlier decisions unless there is a very good reason to do so.

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In a historic term, momentum to move the law often came from the five justices to the chief’s right

SCOTUSBlog

And in West Virginia v. Alito pushed back against Roberts’ criticism, countering that Roberts’ “quest for a middle way would only put off the day when we would be forced to confront the question we now decide.”

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