“Detrimental Reliance and Stare Decisis; Insightful thoughts from Dean Vik Amar relevant to Ramos v. Louisiana”

HowAppealing

“Detrimental Reliance and Stare Decisis; Insightful thoughts from Dean Vik Amar relevant to Ramos v. Louisiana”: Will Baude has this post at “The Volokh Conspiracy ”

“Justice Kagan’s Unusual and Dubious Approach to ‘Reliance’ Interests Relating to Stare Decisis”

HowAppealing

“Justice Kagan’s Unusual and Dubious Approach to ‘Reliance’ Interests Relating to Stare Decisis”: Law professor Vikram David Amar has this essay online at Justia’s Verdict

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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.

Word of the Month for August 2019: Stare Decisis

Legal Research is Easy

Of course, this brings us to our word of the month: STARE DECISIS. According to Black's Law Dictionary, STARE DECISIS means: Latin: To stand by things decided. Do you remember being a kid?

“The split decision in June Medical did not overrule the precedential effect of Whole Woman’s Health and Casey.”

HowAppealing

Hamilton ‘s majority opinion explained: The Chief Justice’s concurring opinion in June Medical offered the narrowest basis for the judgment in that case, giving stare decisis effect to Whole Woman’s Health v. “The split decision in June Medical did not overrule the precedential effect of Whole Woman’s Health and Casey.” ” So ruled the majority on a divided three-judge panel of the U.S.

Court upholds life-without-parole sentence for Mississippi man convicted as juvenile

SCOTUSBlog

How low,” she concluded, “this Court’s respect for stare decisis has sunk.”.

Court to decide whether an inventor may challenge the validity of the patent on the inventor’s own invention

SCOTUSBlog

In addition to all of the above, Hologic argues that the court should maintain the doctrine because of stare decisis. Share This Wednesday, the Supreme Court will hear oral argument in Minerva Surgical Inc. Hologic Inc. about whether to abolish the doctrine of patent assignor estoppel.

US Supreme Court rules on life imprisonment for juveniles

JURIST

” Even if the court had “doubts” about that rule, they should have provided “special justification” before overruling Miller and Montgomery , which they failed to do: How low this Court’s respect for stare decisis has sunk.

High Court Decision Called ‘Alarming Reversal’ in  Youth Justice

The Crime Report

She argued the Court has offered no “special justification,” as required, for breaking from the precedent set in Mille r and has therefore circumvented stare decisis , the legal principle that states the court must follow previous precedents.

Tandon steals Fulton’s thunder: The most important free exercise decision since 1990

SCOTUSBlog

For the court to overrule Smith now, it would have to overcome the stare decisis effect of both Smith and Boerne. Share On Feb. 24, 2020, the Supreme Court granted certiorari in Fulton v.

Supreme Court Agrees To Hear Major Abortion Challenge

JonathanTurley

He only voted with his liberal colleagues because he felt bound by stare decisis to follow the 2016 decision in Whole Woman’s Health v. Over the strong opposition of pro-choice groups, the Supreme Court just granted cert in Dobbs vs. Jackson Women’s Health Organization , 19-1392.

The Nigerian Court of Appeal declines to enforce a Commonwealth of Virginia (in USA) Choice of Court Agreement

Conflict of Laws

8] It should be stressed that Oputa JSC’s obiter dictum is not binding on lower courts according to the Nigerian common law doctrine of stare decisis.

A call for the wider study of Private International Law in Africa: A Review of Private International Law In Nigeria

Conflict of Laws

Written by Orji Agwu Uka, Senior Associate at Africa Law Practice (ALP)*. This is the fifth and final online symposium on Private International Law in Nigeria initially announced on this blog. It was published today on Afronomicslaw.org.