Sentences with phrase «decisis create»

Rhetorical requirements beyond stare decisis create incentives that shape judicial decisions.

A Master of the Alberta Queen's Bench once wrote that stare decisis creates a judicial pecking order in which judges lower on the pecking order are not entitled to ignore the decisions of their pecking order superiors.

Not exact matches

While «The Universal Adversary» is the first exhibition of this magnitude in the gallery, Ritchie has been working on an architectural scale for the last five years, beginning with Games of Chance And Skill in 2002, a permanent installation created for MIT, and to be followed this summer by Stare Decisis, a GSA - commissioned installation for a new Federal Courthouse in Oregon, designed in conversation with Pritzker prize - winning architect Thom Mayne.

The case law describing the range of circumstances invoked by open - ended lists of factors and interpreting phrases such as «undue hardship,» and similar idiomatic expressions such as «unless the court otherwise orders» and «unless it would be inappropriate,» must be consulted to properly understand the law, creating a significant barrier to justice for people not trained in legal research and the jurisdictional nuances of stare decisis.

Part II proceeds by discussing the nature of stare decisis: its central role in creating judge - made law and its costs and justifications, particularly as applied to secret opinions.

As discussed above, lack of publicity creates an increased risk of entrenching bad precedent and reduces incentives for judges to do their most careful work, 49 thereby undermining the ability of stare decisis to promote the rule of law.