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Doctrinal “dinosaur” or stare decisis? Justices wrestle with patent-law precedent.

SCOTUSBlog

Wolf principally argued that stare decisis justifies maintaining the doctrine. Chief Justice John Roberts suggested that “it’s not the strongest stare decisis argument” in light of Supreme Court decisions characterizing the doctrine as a failure. The post Doctrinal “dinosaur” or stare decisis?

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Iowa high court rules abortion is not a fundamental right under state constitution

JURIST

The decision overturns a 2018 ruling which held there is a fundamental right to abortion in Iowa. Planned Parenthood sued to challenge a 2020 law which requires a 24 hour waiting period before an abortion. After a lower court ruled the law was unconstitutional, Iowa appealed to the state supreme court.

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High Court Decision Called ‘Alarming Reversal’ in  Youth Justice

The Crime Report

That not only amounts to a reversal of a precedent set earlier by the Court, but is an “alarming” step back in protecting juveniles, say Arthur Ago and Rochelle Swartz of the Lawyers’ Committee for Civil Rights Under Law. The court is fooling no one,”” Justice Sonia Sotomayor said in her dissent.

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Religion and the Death Penalty’s Most Devout Supporters: “Father Forgive them, for They Know Not What They Are Doing”

The Crime Report

Andrus’ case cries out for intervention, and it is particularly vital that this Court act when necessary to protect against defiance of its precedents. The Court, however, denies certiorari. I would summarily reverse, and I respectfully dissent from the Court’s failure to do so.” agree with the dissenting judges below.

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Collateral Estoppel Beats Precedent Every Time

Patently O

This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District court decisions are not binding precedent because they are at the bottom.

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

SCOTUSBlog

Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. Court of Appeals for the 10th Circuit affirmed. Next up is Kelly v. United States.

Statute 105
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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

Its argument, inter alia , was that by virtue of Article 12 and 13 of their agreement, the Nigerian court had no jurisdiction in this case. GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to the principle of conflicts of any jurisdiction.”.

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