SCOTUSblog on MSN

Overturning precedent on the Roberts court

In early December, the Supreme Court will hear oral arguments in cases asking the justices to overrule two longstanding precedents – Humphrey’s Executor v. United States, a 1935 decision upholding a federal law that
Law

Stare Decisis and the Evolving Definition of 'Parent'

Joel Brandes at the New York State Court of Appeals in September 2016 in Albany, New York. (Photo/Hans Pennink) “Stare decisis” means “to stand by things decided.” (Black’s Law Dictionary, 11th ed. 2019). Stare decisis is the doctrine that courts ...
E&E

Supreme Court may overturn major environmental precedent this week

As the Supreme Court approaches the final opinion release dates of its term, environmental and administrative lawyers are waiting with bated breath to learn the fate of a legal doctrine that federal agencies have used since the Reagan administration to ...
JD Supra

The Precedent: Federal Circuit Sidesteps Ruling on the Reverse Doctrine of Equivalents Theory in Steuben Foods Inc. v. Shibuya Hoppmann Corp

The court declined to rule on the issue and decided that Shibuya infringed claim 26 of U.S. Pat. No. 6,209,591 (the ’591 Patent) because, regardless of whether RDOE is a viable defense to patent infringement, there was “substantial evidence to rebut ...
Law

Stare Decisis in the Context of Tort Law

The article discusses Flanders v. Goodfellow, where the court overruled its previous ruling that barred negligence claims against domestic animal owners. Emphasizing the flexibility of stare decisis, the court concluded that the longstanding rule in Bard v.
PBS

The far-reaching implications of the Supreme Court’s decision curbing regulatory power

The Supreme Court has swept aside long standing legal precedent in its ruling overturning the Chevron doctrine, majorly curtailing the power of federal agencies to interpret the laws they regulate. The decision is expected to have far-reaching implications ...
JSTOR Daily

The Doctrine of Precedent in the United States of America

Vol. 54, American Law in the 21st Century: U.S. National Reports to the XVIIth International Congress of Comparative Law (Fall, 2006), pp. 67-88 (22 pages) The American Journal of Comparative Law is the world's leading journal dedicated to the comparative ...
Washington Examiner

Supreme Court must rely on the First Amendment, not its own precedent, when deciding government censorship case

The justices of the Supreme Court never focused on the First Amendment’s words when hearing arguments in Murthy v. Missouri last week. The case challenges the federal government’s orchestration of social media censorship, so one might have expected the ...
American Enterprise Institute

The Supreme Court Seems Unlikely to Revive Nondelegation Doctrine in FCC Case

Earlier this month, I previewed the arguments in Federal Communications Commission v. Consumers’ Research. The case asks the Supreme Court whether the FCC’s Universal Service Fund (USF) violates the nondelegation doctrine, which prohibits Congress from ...
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