Sentences with phrase «decisis depend»

Because the theoretical justifications for stare decisis depend largely on publication, the FISA courts should publish any opinion that they consider binding precedent.

This Comment joins other work in arguing that the legitimacy of stare decisis depends upon widespread publication.4 The doctrine of stare decisis itself emerged only with the consistent and reliable publication of court opinions, 5 and legal processes that do not result in the issuance of publicly available opinions, such as settlements and arbitrations, generally lack stare decisis norms altogether.6 Although previous scholarship has discussed the proper role of stare decisis in the context of «unpublished» opinions, 7 which make up around eighty percent of all United States courts of appeals opinions8 (and are usually publicly available despite their name), 9 this Comment provides the first examination of the tenability of stare decisis as applied to truly secret opinions like those of the FISC.

Not exact matches

Further, in our common law system, legal reasoning depends on the idea of stare decisis — each case builds on the case that came before it.

The core principle of stare decisis is that the law should not depend on what judge you got; two cases with the same facts should have the same outcome.

@cpast, I'd think your first sentence «The core principle of stare decisis is that the law should not depend on what judge you got» needs citation.