An economic perspective on stare decisis

Kornhauser, L. A. (1989). An economic perspective on stare decisis. Chicago-Kent Law Review, 65(1), 63-92.

Type

Journal article

Intellectual base

Primary research

Year

1989

Link

no authoritative link yet

Cited from

law_governance

Cited by

1 citation across 1 artifact.

Primes

• Precedent (Stare Decisis)
  • Civil-law jurisdictions: Precedent (jurisprudence constante in French systems) operates informally even in codified systems; accumulated court interpretations shape subsequent decision even without formal stare decisis doctrine. Administrative and regulatory law: Agency decisions accumulate as precedent for subsequent similar cases; regulatory interpretations often binding until formally revised. Organizational decision-making: HR decisions on comparable cases establish informal precedent; procurement decisions create reference points; management decisions accumulate into culture and policy — a generalization of stare decisis to non-court decision systems consistent with Kornhauser's (1989) economic modeling of precedential constraint.

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