Results 11 to 20 of about 2,047 (210)
Toward a Theory of "Stare Decisis" [PDF]
The Journal of Legal Studies, 1972 I shall propose in this article a new theory of stare decisis (a term I use loosely to mean the practice of courts in deciding new cases in accordance with precedents) that draws upon the insights of communications theory as well as upon some previous work of my own on the decision-making process in tort law.
Shapiro, Martin M.
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NATURALEZA Y DIMENSIONES DEL "STARE DECISIS" [PDF]
Revista Chilena de Derecho, 2006 La principal diferencia entre el derecho anglosajón y el derecho continental radica en la institución del precedente judicial obligatorio como regla de derecho. Los jueces en el derecho anglosajón están obligados a resolver los casos que se les presenten
Santiago Legarre, Julio César Rivera
doaj +1 more source
The Dialectic of Stare Decisis Doctrine [PDF]
, 2013 This chapter examines the Supreme Court’s “precedent about precedent”—its doctrine regarding whether and when the Court may overturn its own prior constitutional decisions. Due largely to the influence of Justice Louis Brandeis in the early twentieth century, the role of stare decisis in the Court’s constitutional cases transformed from that of a vague
Colin Starger, Starger, Colin
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, 2022 The doctrine of stare decisis famously instructs judges to respect past decisions even if they believe these decisions are wrong. Many believe stare decisis serves venerable values and bemoan its apparent demise in various apex courts around the world ...
Tamir, Oren
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The benefits and dangers of using machine learning to support making legal predictions
WIREs Data Mining and Knowledge Discovery, Volume 13, Issue 4, July/August 2023., 2023 The prediction of the potential outcome of a legal dispute is an important aspect in the provision of legal advice. Unfortunately legal data is far more open to bias and misinterpretation than it is in medicine and the natural and physical sciences. Explanation and governance are vital in legal domains and are thus examined in detail.
John Zeleznikow
wiley +1 more source
American Business Law Journal, Volume 60, Issue 3, Page 481-540, Fall 2023., 2023 States are engaging in brute force (anti) federalism, where both sides of the political spectrum push agendas that extend beyond the Founder's early ideal of balanced federalism, using popular support and special interest groups' interests as their springboard.
Kathryn Kisska‐Schulze +2 more
wiley +1 more source
The Journal of World Intellectual Property, Volume 25, Issue 2, Page 516-535, July 2022., 2022 Abstract Despite over 25 years passing since TRIPS entered into force, the full potential of the patent exceptions provision under Article 30 TRIPS (Article 30) is yet to be realised. The hesitation by developing states to implement new patent exceptions in their domestic laws has presented a barrier to reconciling the tension between protecting patent
Amy Tesoriero
wiley +1 more source
Postema and the Common Law Tradition
Ratio Juris, Volume 35, Issue 1, Page 71-91, March 2022., 2022 Abstract First published in 1986, Gerald Postema’s pathbreaking and influential Bentham and the Common Law Tradition offered a controversial interpretation of how Bentham sought to combine the certainty of a code with flexibility in adjudication. A second edition of the work came out in 2019, with a significant new Afterword in which Postema addresses ...
Michael Lobban
wiley +1 more source
Bounded openness: A robust modality of access to genetic resources and the sharing of benefits
PLANTS, PEOPLE, PLANET, Volume 4, Issue 1, Page 13-22, January 2022., 2022 The Fourth Industrial Revolution is underway. Controversy surrounds the choice of modality for access to genetic resources and the fair and equitable sharing of benefits arising from their utilization, as established in the third objective of the Convention on Biological Diversity.
Joseph Henry Vogel +4 more
wiley +1 more source
, 2023 Journal of Legal Studies Education, Volume 40, Issue 1, Page 119-140, Winter 2023.
John C. Kuzenski
wiley +1 more source