All Articles tagged precedent

• General
  October 18, 2022 EDT
  UNEASY LIES THE HEAD THAT WEARS THE CROWN: A CHIEF JUSTICE’S STRUGGLE FOR HIS COURT
  Benjamin Pomerance

  Following the passing of Justice Ginsburg, and the ascendancy of Justice Barrett, Chief Justice Roberts's role on the Court has changed -- and changed in some dramatic ways.

• General
  July 22, 2020 EDT
  JANUS V. AFSCME: THE CANARY IN THE COALMINE OF JUDICIAL EVOLUTION
  Daniel Christian

  Regardless of whether one agrees with the constitutional principle announced in Janus, the process by which it the Court reached its decision should alarm adherents of a sound judicial system.

• State Constitutional Commentary
  January 05, 2015 EDT
  DO PRECEDENTS TAKE PRECEDENCE? STARE DECISISAND OREGON CONSTITUTIONALISM
  Jack L. Landau

  This article argues that unbending adherence to stare decisis in state constitutional decision-making is unwise and untenable.

• New York Appeals
  March 03, 2013 EDT
  RE-EXAMINING NEW YORK‘S LAW OF PERSONAL JURISDICTION AFTER GOODYEAR DUNLOP TIRES OPERATIONS, S.A. V. BROWNAND J. MCINTYRE MACHINERY, LTD. V. NICASTRO
  Oscar G. ChaseLori Brooke Day

  After the Supreme Court's decisions in McIntyre and Nicastro, when faced with conflicting rulings on personal jurisdiction, the New York courts should follow Court of Appeals precedent.

• New York Appeals
  March 03, 2012 EDT
  OVERRULING BY IMPLICATION AND THE CONSEQUENT BURDEN UPON BENCH AND BAR
  Brian J. Shoot

  This article is not about the merits or demerits of any of the individual rulings discussed in the article, but instead about the practice of overruling by implication.

• General
  January 01, 2006 EDT
  TO UNDERSTAND FOREIGN COURT CITATION: DISSECTING ORIGINALISM, DYNAMISM, ROMANTICISM, AND CONSEQUENTIALISM
  Saby Ghoshray

  The article suggests that the reading of the jurisprudence of four Supreme Court Justices provides the first steps toward comprehensive theory of citation to foreign court precedent.