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Precedent on Precedent

Authors: Varsava, Nina;

Precedent on Precedent

Abstract

In Ramos v. Louisiana, decided in the spring of 2020, the U.S. Supreme Court held that the Sixth Amendment guarantees criminal defendants charged with serious offenses the right to unanimous convictions in state jury trials. A majority of the Justices agreed on that much. But a majority could not agree on fundamental and trans-substantive underlying questions about the nature and power of precedent. The decision involves a convoluted debate about whether, when, and how past cases are binding on new ones. On these questions, the court is radically fractured, offering up a cacophony of no fewer than five distinct views on stare decisis, with no more than three Justices agreeing on any one of them. This Essay illuminates the Justices’ conflicting approaches to precedent, shedding light on their covert assumptions and their implications for the future of stare decisis.

Country
United States
Keywords

Law

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Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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