Sentences with phrase «decisis into»

I can't find a transcript of the tail end of this hearing yet, but Schumer essentially turned his complaint about Roberts» reliance on stare decisis into a yarn, saying, hey, if I asked you what movies you liked, you'd say movies with good acting, but you wouldn't tell me what movies!

Not exact matches

It takes into consideration the principle of stare decisis and the accompanying notion that stable and predictable application of law promotes the rule of law.

Stare decisis is Latin for «to stand by a decision» and legally translates into the doctrine that says courts are bound by previous decisions, or precedents, particularly when a case has been decided by a higher court.

In Big Law, the principle of stare decisis applies far beyond legal precedent and well into business practice.

Moreover, doctrinal entrenchment is particularly problematic in the FISA courts, where secrecy and institutional context indicate that outside efforts at doctrinal reform are less likely to be effective than they are with courts that publish their opinions.35 Unlike published opinions, secret opinions can not provoke the public into lobbying for a legislative override36 or judicial overruling37 — two important paths of legal reform.38 Perhaps to hedge against the risks of limited external oversight, FISA limits FISC and Court of Review judges to non-renewable, seven - year terms, 39 a provision suggesting that Congress envisioned a FISA court whose membership would be responsive to shifting factual circumstances and policy priorities.40 Stare decisis, which requires judges to adhere to interpretations of law that they might otherwise reject as unjust or unpersuasive, constrains these judges» ability to adapt to such factual and policy shifts.

Defenses of stare decisis usually fall into one of three categories: 1) it promotes the rule of law; 41 2) it promotes the appearance of the rule of law; 42 or 3) it expresses judicial deference to the legislative branch by allowing Congress to correct interpretations of law it finds faulty.43 A closer examination of each of these justifications reveals their basic inapplicability to secret opinions.

If I could claim to have fully considered the sum of your collective contributions concerning stare decisis as emphasizing the need for judges at first instance to be fully informed of the applicable law and to follow it, then I would have expanded my speculative musings to suggest that notoriety of a lower court decision is what gives it the potential to muscle its way into gaining equal consideration alongside authoritative higher court rulings when the issue before the court is novel.