This course looks at all aspects of stare decisis. After fleshing out the doctrine’s meaning, attendees will learn about the doctrine’s relative strength in cases involving statutory interpretation and constitutional interpretation. The course also take a historical look at stare decisis and explores how the doctrine evolved in the decade leading up to the Supreme Court’s Dobbs decision. The final portion of the course will explore practical strategies for litigators, including tactics for upholding favorable precedent as well as ideas for convincing courts to overrule unfavorable precedent (or to limit its scope). The course slides include citations to leading cases and a bibliography of expert commentary that attendees can refer to when formulating arguments in future cases.
- What is Stare Decisis?
- Horizontal vs. Vertical Stare Decisis
- The Virtues of Stare Decisis
- Constitutional vs. Statutory Stare Decisis
- Limitations on Stare Decisis
- Property/Criticism of Stare Decisis
- Historical Reality of Stare Decisis (including some Famous Overrulings)
- Current Approaches to Stare Decisis
- Super Precedent
- Practical Strategies/Advice
- How to Attack of Encourage Adhearance to Stare Decisis
- How to Construct Arguments in a Supreme Court
- Recognizing when Precedent is Ripe for Overruling
- Evaluating the Strength of Precedent