Sentences with phrase «decisis norms»

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norms altogether.6 Although previous scholarship has discussed the proper role of stare decisis in the context of «unpublished» opinions, 7 which make up around eighty percent of all United States courts of appeals opinions8 (and are usually publicly available despite their name), 9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.

Even absent any formal stare decisis norm, courts tend to preserve significant consistency in their opinions because of the persuasive value of past decisions, awareness of the costs of disrupting established programs, and the fact that courts are repeat decision makers.51 There is no reason to suppose the FISA courts would act differently.