Personal Precedent at the Supreme Court - Harvard Law Review
Personal precedent is a judge’s presumptive adherence to her own previously expressed views of the law. This Essay shows that personal precedent both does...
Personal Precedent at the Supreme Court - Harvard Law Review
Personal precedent is a judge’s presumptive adherence to her own previously expressed views of the law. This Essay shows that personal precedent both does...
Precedent, Reliance, and Dobbs - Harvard Law Review
Abstract Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties...
Precedent, Reliance, and Dobbs - Harvard Law Review
Abstract Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties...
Tangibility and Tainted Reliance in Dobbs - Harvard Law Review
In Dobbs v. Jackson Women’s Health Organization, the Supreme Court distinguished between different kinds of reliance interests — some that would support preserving a judicial precedent,...
Constitutional Remedies: In One Era and Out the Other - Harvard Law Review
“It is a settled and invariable principle,” Chief Justice Marshall once wrote, “that every right, when withheld, must have a remedy.” Not quite. Although some view the idea of a substantive constitutional right without a remedy as oxymoronic, rights to remedies have always had a precarious constitutional status, which the Supreme Court has lately subjected to multifaceted subversion. . . .
Michigan v. Bay Mills Indian Community - Harvard Law Review
Courts have long held that Native American governments enjoy tribal sovereign immunity from suit, subject only to Congress’s plenary authority. Sixteen years ago, in...
The Thrust and Parry of Stare Decisis in the Roberts Court - Harvard Law Review
Professor Karl Llewellyn famously demonstrated that for almost every canon of statutory interpretation, there exists an opposite and equally plausible countercanon. Fashioning a fencing...
Michigan v. Bay Mills Indian Community - Harvard Law Review
Courts have long held that Native American governments enjoy tribal sovereign immunity from suit, subject only to Congress’s plenary authority. Sixteen years ago, in...
Asylum adjudications in American immigration courts often have life-and-death consequences. As mandated by the Refugee Act of 1980, applicants for asylum must demonstrate an...
Asylum adjudications in American immigration courts often have life-and-death consequences. As mandated by the Refugee Act of 1980, applicants for asylum must demonstrate an...
“[Y]ou have this tremendous advantage of reading something for the first time, which is an experience you never have again with the story. I mean, the first time is something which you cannot…
Quoted from: Stephan Berndt, Alois Irlmaier – Ein Mann sagt, was er sieht. If you feel the first half of this post emphasises the Catholic side of things, you’d be right. As I mentioned…