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…
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…
Originalism is often promoted as a better way of getting constitutional answers. That claim leads to disappointment when the answers prove hard to find. To borrow a distinction from philosophy,…
Fifth Circuit Upholds Abortion Restrictions During COVID-19 Pandemic.