Jurisprudence

Personal Precedent at the Supreme Court

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 and should play a central role…

Essay by Richard M. Re

Stare Decisis

Beyond the Marks Rule

Article by Richard M. Re

Harvard Law Review Forum

The Positive Law Floor

Responding to William Baude & James Y. Stern, The Positive Law Model of the Fourth Amendment

Response by Richard M. Re

Criminal Procedure

The Due Process Exclusionary Rule

A new textual foundation for a rule in crisis

Article by Richard M. Re