Stare decisis in historical perspective

Lee, T. R. (1999). Stare decisis in historical perspective: From the founding era to the Rehnquist Court. Vanderbilt Law Review, 647-735.

Type

Journal article

Intellectual base

Primary research

Year

1999

Pages

647-735

Link

https://scholarship.law.vanderbilt.edu/vlr/vol52/iss3/2/ not authoritativefound

Cited from

law_governance

Cited by

1 citation across 1 artifact.

Primes

• Precedent (Stare Decisis)
  • And precedent must be balanced against change — stare decisis is not absolute; wrong prior decisions can be distinguished, narrowed, or overruled, but the threshold for overruling is intentionally high to preserve the system's predictability value, a balance Lee (1999) examines through the lens of the Supreme Court's overruling jurisprudence.

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