Topic
Stare Decisis
Posts
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ArticleVol. 94 · Iss. 6
Justice Stevens and the Arc of Precedent
In my office, I have a bobble-head doll of Justice Stevens. In one hand, he holds a golf club. Or, at least, he used…
Judge David J. Barron -
CommentaryVol. 94 · Iss. 5
To Consider or to Use? Citation to Foreign Authority and Legal Aesthetics
In this essay I consider what it means to consider something. More directly, I consider how a judge might distinguish a source used for…
Andrew Jensen Kerr -
ArticleVol. 95 · Iss. 5
A New Historical Jurisprudence?
In his provocative new book, A Realistic Theory of Law, Brian Tamanaha offers a variety of insightful analyses and conclusions that may shake up…
Brian H. Bix -
ArticleVol. 96 · Iss. 1
Law and the Epistemology of Disagreements
This Article identifies a discrepancy between law and epistemology and proposes a way to fix it. Our legal system relies on decisions of multimember…
Alex Stein -
CommentaryVol. 93 · Iss. 3
Gay Marriage and the Problem of Property
The Supreme Court’s gay marriage decision in Obergefell has been hailed in almost all corners as a milestone in American jurisprudence. From topics as…
Andrea B. Carroll & Christopher K. Odinet -
ArticleVol. 93 · Iss. 2
Federal Securities Fraud Litigation as a Lawmaking Partnership
In its most recent Halliburton II decision, the Supreme Court rejected an effort to overrule its prior decision in Basic Inc. v. Levinson. The…
Jill E. Fisch -
ArticleVol. 91 · Iss. 6
The Constitution According to Justices Scalia and Thomas: Alive and Kickin’
No one expects Supreme Court Justices to be completely consistent across the vast range of emotionally charged and controversial constitutional law issues they are…
Eric J. Segall -
ArticleVol. 91 · Iss. 1
How NFIB v. Sebelius Affects the Constitutional Gestalt
This Essay examines the effects of the Supreme Court‘s decision in National Federation of Independent Business v. Sebelius, in which the Court addressed the…
Lawrence B. Solum -
NoteVol. 97 · Iss. 3
Statutory Speedy Trial Period Calculations for Dismissed and Refiled Charges: A Case Study of Colorado’s Approach
Colorado’s current approach of allowing the speedy trial period to restart creates too large a loophole in the state’s statutory right to a speedy…
Marie Zoglo -
CommentaryVol. 90 · Iss. 5
Legislative Oversight of a Bill of Rights: A Way to Rectify Judicial Activism
The term ?judicial activism has become a common part of modern American political speech, though it remains ambiguous and can often mean many different…
Duane L. Ostler -
NoteVol. 89 · Iss. 5
Salazar v. Buono: The Failed Landmark Case and its Illustration of the Two Sides of Plurality Opinions
A simple Latin cross, placed on an outcropping of rock in the Mojave Desert, became the center of much controversy in 1999. The cross…
Daniel Joseph Bass