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By tracing the history of precedent in the common law, it demonstrates that stare decisis was not an established doctrine by 1789, nor was it viewed as necessary to check the potential abuse of judicial power.
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lsolum.typepad.com/legaltheory/2006/08/stare_decisis_a....
lsolum.typepad.com/legaltheory/2006/08/stare_decisis_a.html
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[Stare decisis] is a maxim among ... lawyers, that whatever has been done ... Returning to treatment of precedents as merely persuasive would solve the problem discussed here, but history shows us that judges are prone to drift back to treating them as binding unless some corrective mechanism is instituted to prevent it.
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www.constitution.org/col/0610staredrift.htm
www.constitution.org/col/0610staredrift.htm
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This being a leading case, I have thought proper to trace the history of it minutely, ... The doctrine of stare decisis is, indeed, one of the most important in the law; for in its simplicity it expresses man=s reverence for civil authority, and the demand of his nature that it shall be obeyed--and this feeling is the...
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www.angelfire.com/pa4/cappalli/some.htm
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The Common Law: Tradition & Stare Decisis. ... But could you know its history from the time when a rough fragment of rock fell from the overhanging cliff into the sea, to be taken possession of by the under currents, and dragged from one ocean to another, perhaps around the world, for a hundred years, until in reduced...
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www.blupete.com/Literature/Essays/BluePete/LawCom.htm
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Wordsmith Words: stare decisis ... 5min Related Video: Stare decisis ... US History Encyclopedia: Stare Decisis...
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www.answers.com/topic/stare-decisis
www.answers.com/topic/stare-decisis
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See Powell, Stare Decisis and Judicial Restraint, 1991 Journal of Supreme Court History 13, 16. At the other extreme, a different necessity would make itself felt if a prior judicial ruling should come to be seen so clearly as error that its enforcement was for that very reason doomed."
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www.law.cornell.edu/lexicon/stare_decisis.htm
www.law.cornell.edu/lexicon/stare_decisis.htm
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Various scholars of legal history allege the doctrine of stare decisis was brought into being by the influence of: (1) The invention of the printing press; (2) The development of court hierarchy by the 19th century;
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www.albany.edu/scj/jcjpc/vol8is1/chilton.html
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I have reviewed the law on stare decisis (the doctrine that judges should rule in accord with past precedent to be sure that the legal guidelines are predictable and non-chaotic). It is a doctrine which has much to commend it, but it is often confused and confusing. ... Racism is a history lesson, not current events...
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www.americanthinker.com/2007/08/stare_decisis_not_quite...
www.americanthinker.com/2007/08/stare_decisis_not_quite_what_s.html
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Use stare decisis in a Sentence ... See web results for stare decisis ... History of stare de...
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dictionary.reference.com/browse/stare%20decisis
dictionary.reference.com/browse/stare%20decisis
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