“Repudiating Roe (Part II): The Pernicious Doctrine of Stare Decisis.”

HowAppealing

“Repudiating Roe (Part II): The Pernicious Doctrine of Stare Decisis.” ” Law professor Michael Stokes Paulsen has this essay online at Public Discourse

“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 ”

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“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

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 morning read for Friday, July 30

SCOTUSBlog

Justice Kagan and Stare Decisis (Richard Samp, New Civil Liberties Alliance). Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Minnesota court to reconsider third-degree murder charge against George Floyd’s killer

JURIST

” The Court of Appeals has ruled “that its published opinions are binding on this court and on the district courts,” based on the premise of stare decisis. The Minnesota Court of Appeals ruled Friday that the Hennepin County District Court must reconsider a third-degree murder charge against Derek Chauvin, the police officer who will stand trial on March 8 for killing George Floyd.

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.

Supreme indifference: What the Texas case signals about the court’s treatment of abortion

SCOTUSBlog

Chief Justice John Roberts wrote at length about the importance of stare decisis in voting to strike down a Louisiana abortion restriction last year in June Medical Services v.

Justices uphold a narrow version of patent assignor estoppel

SCOTUSBlog

In reaching this holding, the majority expressly did not rely on stare decisis and therefore did not expressly decide whether to overrule Westinghouse Electric Manufacturing Co.

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.

Assignor Estoppel Persists — But Only for Claims Specifically Assigned

Patently-O

These ideas of stare decisis and silent reenactment are part of a major ongoing debate within the Court over its role in changing its own prior precedent. = = = =. by Dennis Crouch. Minerva Surgical Inc. Hologic Inc. Supreme Court 2021 ). In my property law course, I spend a good bit of time walking through post-conveyance rights and obligations. What warranties are are promised to the buyer? Do these need to be express or may they be implied?

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.