Marvel: 'Supreme Court Doesn't Care a Lick About Stare Decisis
in Patent Law'
Even stare decisis
, the most prominent arrow in the nonoriginalist quiver, commonly functions as one of these "domesticating doctrines"--and is commonly rooted in Founding-era sources.
242) The two main disagreements involve the determinacy with which historical evidence can establish an original meaning in some cases (243) and the questions of whether and when a "fixed" meaning might become unfixed as a result of stare decisis
, historical gloss, traditional practice, or changed historical circumstances.
2) But an overlooked yet fundamental problem with the FISA courts' work is that judge-made law can be generated only through stare decisis
, (3) a doctrine that we argue is not justified when applied to secret opinions of the type the FISA courts produce.
In doing so, the SCC clarified three important aspects of section 7 analysis: 1) the role of stare decisis
, 2) the issue of causation, and 3) substantive principles of fundamental justice.
section] 1581 (a), and lastly the issues of justiciability and the role of stare decisis
in 1581 (a) litigation.
Oregon Supreme Court Justice Jack Landau warns that strict adherence to stare decisis
by state high courts often results in marching "lockstep" with the federal Supreme Court, if the state's precedents pre-dated independent state constitutionalism.
The Latin phrase for this is stare decisis
("to stand by what has been decided").
The second potential weakness of custom results from the application of the doctrine of stare decisis
in the common law.
When a constitutional case is replete with references to stare decisis
, however, one is often left to wonder whether the Court is relying on the common law method to avoid giving constitutional rights their full scope.
Does Not Provide the Necessary Barrier to Revision Required to Reach Incompletely Theorized Agreements Through Analogical Reasoning
The justification seems to be that the government would be hindered substantially in its performance of public duties if it were subjected to repeated suits as a matter of right of any citizen, but more realistically the reason for the court's continuing application of such an antiquated doctrine is grounded on another established but often inconsistently applied doctrine, the principle of stare decisis