This article examines the recent Court of Appeals decision that addresses whether the plaintiff was engaged in the type of "repairing" activity that is covered by Labor Law §240(1). The case should be ...
Parents often say that two wrongs don’t make a right. Statutory stare decisis — a form of stare decisis on steroids — actually invokes three wrongs under the Constitution. And piling up constitutional ...
(WASHINGTON) — In thousands of rulings over its storied history, the U.S. Supreme Court has broken with stare decisis, the doctrine of respecting prior decisions, just 145 times in cases requiring ...
Justice Amy Coney Barrett’s new book, Listening to the Law, is an excellent read. I’ve strongly recommended it to my students and agree with Will Baude that it’s the best “single book” right now “to ...
The article discusses Flanders v. Goodfellow, where the court overruled its previous ruling that barred negligence claims against domestic animal owners. Emphasizing the flexibility of stare decisis, ...
To the editor: We are familiar with the U.S. Supreme Court citing "stare decisis" (meaning "let the decision stand," or an adherence to precedence) as the basis for some of their decisions. However, ...