Topic
Stare Decisis
Posts
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NoteVol. 103 · Iss. 2
The Evolution of Standing and the Need for Foundational Realism: A Historical Inquiry from Hayburn to Harvard
This Note traces the Supreme Court’s evolving approach to standing—from the early, unresolved procedural issues raised in Hayburn’s Case to today’s pivotal decisions, such…
Elliot A. Mermel -
ArticleVol. 103 · Iss. 2
Notice Pleading’s Quiet Return
Fifteen years ago, the Supreme Court announced two significant civil procedure decisions – Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft…
Alexander A. Reinert -
ArticleVol. 102 · Iss. 5
Judicial Imperialism: The Supreme Court’s Assault on Tribal Sovereignty and the Rule of Law
The post-1970s Supreme Court has abandoned precedents supporting tribal self-governance and devised new theories to strip tribes of sovereign powers. The Supreme Court’s assault…
Adam Crepelle -
ArticleVol. 101 · Iss. 5
Opinion Authorship and Precedential Status
The federal courts of appeals have a two-tier system of judicial opinions: “published” and “unpublished.” Published judicial opinions represent binding precedent, whereas unpublished ones…
Nina Varsava -
Online2023
Stalwarts of Stare Decisis: Lessons From Early Supreme Court Reporters for the Digital Age
Introduction As a young nation, the United States maintained a common law legal system transplanted from England. Common law legal systems are defined by…
Cale Bouchey -
ArticleVol. 100 · Iss. 1
Content Under Pressure
Abstract The government generally may not punish speakers based on the content of their speech. Or so the story goes. While American courts frequently…
Randy J. Kozel -
ArticleVol. 99 · Iss. 5
Procedural Losses and the Pyrrhic Victory of Abolishing Qualified Immunity
Who decides? Failing to consider this simple question could turn attempts to abolish qualified immunity into a Pyrrhic victory. That is because removing qualified…
Adam A. Davidson -
ArticleVol. 99 · Iss. 2
A Reign of Error: Property Rights and Stare Decisis
ABSTRACT Mistakes matter in law, even the smallest ones. What would happen if a small but substantively meaningful typographical error appeared in the earliest…
Michael Allan Wolf -
ArticleVol. 88 · Iss. 6
Constitutional Precedents in Japan: A Comment on the Role of Precedent
In this Article, the author comments on the views of Professor Hiroshi Itoh about the approach of the Japanese Supreme Court towards constitutional precedents.…
Shigenori Matsui -
ArticleVol. 88 · Iss. 6
The Role of Precedent at Japan’s Supreme Court
The Article examines the use of precedents in the judicial decision making of the Japanese Supreme Court. It outlines the paradigms of the behavioral…
Hiroshi Itoh -
ArticleVol. 88 · Iss. 6
The Supreme Court of Japan: Commentary on the Recent Work of Scholars in the United States
In this Article, the author discusses the issues involving the Supreme Court of Japan (SCJ). It outlines the scholarly works of American law professors…
Tokiyasu Fujita -
ArticleVol. 88 · Iss. 6
Constitutional Adjudication in Japan: Context, Structures, and Values
The Article focuses on the author’s views about the judicial decision making of the Japanese Supreme Court. It presents a comparative study of the…
John Owen Haley