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Stare decisis, a bedrock principle of the American legal system, is sometimes ignored. Stealth overrulings, where judges “disingenuous[ly] . . . depriv[e] precedents of their force” by...

This Article explores a basic question of precedent formation: When a majority of the Supreme Court cannot agree on a rule of decision, can...

This Article explores a basic question of precedent formation: When a majority of the Supreme Court cannot agree on a rule of decision, can...

Stare decisis — the idea that courts are bound by precedent — is a bedrock principle of our legal system. But when applying precedent,...

Stare decisis — the idea that courts are bound by precedent — is a bedrock principle of our legal system. But when applying precedent,...

Judges have to have the humility to recognize that they operate within a system of precedent . . . . — Then-Judge John G. Roberts, Jr. [Stare...

Response to Professor Sohoni's Comment

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 is a judge’s presumptive adherence to her own previously expressed views of the law. This Essay shows that personal precedent both does...

Abstract Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties...

Abstract Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties...

“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. . . .

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,...

Professor Karl Llewellyn famously demonstrated that for almost every canon of statutory interpretation, there exists an opposite and equally plausible countercanon. Fashioning a fencing...

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...

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...

Read the latest content about Stare Decisis at Harvard Law Review.

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