Sentences with phrase «decisis analysis»

These changes made a difference in terms of the case even being heard (affecting the stare decisis analysis) and the result (affecting the sections 7 and 1 analyses).

Not exact matches

The analysis would start with Martin Shapiro's communications theory based approach to precedent (I remember a 1966 article but the only reference I have is to Shapiro, Toward a Theory of Stare Decisis, 1 J. LEGAL STUD.

There is a chapter on legal analysis that discusses stare decisis, and reading and synthesizing cases.

For example, the discussion of stare decisis, replete with analysis of various «factors» from prior decisions, is at the end of the day a value choice.

Taken together, the analysis in this Comment suggests that the justifications most commonly offered in defense of stare decisis — rule of law, appearance of the rule of law, and deference to legislative authority — do not support affording binding precedential value to secret opinions of the kind sometimes issued by the FISA courts.61

We teach first - year law students about the differences between binding and persuasive authority as a key concept of horizontal stare decisis, but no one ever suggests that persuasive precedent is not precedent that is being used in the legal analysis.