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Stare Decisis

94 published works

  1. Thomson Reuters Law Blog

    What is stare decisis in simple terms?

    By Jamesju

    Legal terms • precedent • stare decisis Highlights Stare decisis directs you to follow prior court rulings, giving legal principles predictable, consistent development. Horizontal stare decisis binds a court to…

  2. Jotwell

    Post-Merits Stare Decisis

    By Nina Varsava

    In Sustaining Stare Decisis as a Post-Merits Determination, Peter Povilonis offers an insightful and novel analysis of the U.S. Supreme Court’s stare decisis jurisprudence. He characterizes stare decisis as a…

  3. Ohio Appellate Insights

    Overruling precedent in Ohio: The Westfield v. Galatis test explained

    By Brad Hughes

    Ohio’s Westfield v. Galatis test for overruling precedent Nearly 25 years ago, the Westfield Ins. Co. v. Galatis decision established the Ohio Supreme Court’s three-part test for overruling its own…

  4. North Carolina Appellate Practice Blog

    Alternatives to Horizontal Stare Decisis

    By Matthew Nis Leerberg

    Suppose the Supreme Court of North Carolina jettisoned In re Civil Penalty—the case requiring panels of the Court of Appeals to treat earlier Court of Appeals panel opinions as binding…

  5. North Carolina Appellate Practice Blog

    We need to talk about… In re Civil Penalty (again)

    By Morgan Reece

    On March 20, the Supreme Court issued an opinion in In re N.M.W., No. 159PA25, 2026 WL 796105 (N.C. Mar. 20, 2026).  But as many of you know, I’m not…

  6. Southern California Appellate News

    Stare decisis amicus brief

    By Benjamin G. Shatz

    Law.com has Nearly 200 Ex-Judges Tell Supreme Court: Your Unreasoned Emergency Orders Are Not Binding -- More than 175 former federal and state judges signed an amicus brief responding to the Trump administration's…

  7. Legal History Blog

    Burset on the Origins of Statutory Stare Decisis

    By Dan Ernst

    Christian R. Burset, Notre Dame Law School, has posted The Origins of Statutory Stare Decisis:Federal courts apply stare decisis with extra force to decisions that interpret statutes. Critics contend that…

  8. Southern California Appellate News

    J.Thomas on stare decisis

    By Benjamin G. Shatz

    The NLJ has Justice Thomas on Precedent: ‘If [It’s] Totally Stupid ... You Don’t Go Along With It’ -- Sparing the usual litany of "stare decisis" factors, Justice Clarence Thomas offered a simple…

  9. Legal Theory Blog

    Shiman on Rules as Supreme Court Information Gathering

    By Lawrence B. Solum

    Yehonatan Shiman (Ono Academic College Faculty of Law) has posted The Role of Rules – A Model for the Pursuit of Information within the Judicial Hierarchy (29 Cornell Journal of…

  10. Legal Theory Blog

    Lewis on Precedent

    By Lawrence B. Solum

    Sebastian Lewis (University of Surrey) has posted Precedent on SSRN. Here is the abstract: This entry explains the concept and practice of precedent in law. It distinguishes between binding and…