Vol. 136 No. 7 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,...
Vol. 136 No. 7 Abstract Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties...
Vol. 136 No. 5 “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. . . .
Vol. 136 No. 3 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...
Vol. 134 No. 1 Judges have to have the humility to recognize that they operate within a system of precedent . . . . — Then-Judge John G. Roberts, Jr. [Stare...
Vol. 132 No. 7 This Article explores a basic question of precedent formation: When a majority of the Supreme Court cannot agree on a rule of decision, can...
