February 20, 2019 - But there is more at play in Janus v. American Federation of State, County, and Municipal Employees than just the First Amend­ment. Underlying the court’s forthcoming decision is also an important question about stare decisis and what role it will play at the modern court.

Ad hoc jury decisions that yield unexplained verdicts reflect the self-contained values our jury system embraces. But appellate adjudication performs a different function and creates different expectations. The core function of appellate courts is to assure that legal principles derived from the Constitution, statutes and, in the case of state courts, the common law are applied correctly and consistently. Stare ...

October 5, 2020 - In a number of 2019 decisions, the Supreme Court justices’ laid bare their divergent views on when the nation’s highest court should let a past decision stand.

Definition of stare decisis in the Legal Dictionary - by Free online English dictionary and encyclopedia. What is stare decisis? Meaning of stare decisis as a legal term. What does stare decisis mean in law?

The principle of stare decisis was not always applied with uniform strictness. In medieval England, common-law courts looked to earlier cases for guidance, but they could reject those they considered bad law. Courts also placed less than complete reliance on prior decisions because there was ...

November 3, 2020 - In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. provide a refresher on stare decisis principles as described in various cases and sources.

The Constitution Annotated provides a legal analysis and interpretation of the United States Constitution based on a comprehensive review of Supreme Court case law.

February 10, 2023 - Latin expression of the common law doctrine of binding precedent. Literally, “to stand by what is (or has been) decided”. The decision of a court of record is to be treated as binding on any courts of lower or, unless there is good reason to distinguish or deviate from it, equivalent standing.

October 19, 2020 - In the oral argument of Torres v. Madrid on Wednesday, the justices tried out all the tools of constitutional interpretation as they worked through the meaning of the critical Fourth Amendment term, “seizure.” How they rule will answer one of the last remaining questions in this context: ...

May 6, 2020 - In their Appellate Practice column Thomas Newman and Steven Ahmuty discuss 'Apodaca v. Oregon' and its companion case 'Johnson v. Louisiana' where a plurality of the U.S. Supreme Court held that although the Sixth Amendment right to trial by jury requires a unanimous jury verdict in federal ...

October 13, 2020 - Judge Barrett, in a 2013 Texas Law Review article defending what you call the Supreme Court's "weak presumption of stare decisis in constitutional cases,"