All Articles tagged stare decisis

• 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.

• General
  February 28, 2019 EDT
  JONES LECTURE MUSINGS ON STARE DECISIS IN NEW YORK’S COURT OF LAST RESORT
  Susan Phillips Read

  2018 Hugh R. Jones Memorial Lecture.

• 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, 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.