I reviewed the cited precedent
Osmea versus Pendatun, where the Supreme Court ruled correctly.
In this Essay, I explore what light Justice Scalia's approach to precedent casts on that question.
Before addressing the tension between originalism and stare decisis, it is important to emphasize that precedent itself is not only consistent with, but critical to, originalism.
4) In this Article, we consider the more basic question of lower court adherence to precedent.
In part, the demise of the holding-dicta distinction and the increasing uncritical reliance on higher court precedent suggest that district court judges see themselves as subordinates, not partners, in the legal policymaking enterprise.
1) When a judge writes an opinion, she will see binding precedent from judges whom she likes, and other precedent from judges with whom she may not see eye-to-eye.
13) Legal precedent serves as the means by which judges validate their decisions and persuade other jurists (and lawyers) to adopt their point of view.
Whether to overrule a dubious precedent is one of the most significant and complex questions that judges confront.
5) That question is whether a given precedent applies to a newly arising dispute.
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The varying interpretation and resultant social reinforcement of this signal occurs due to the ongoing attempts of capital-seeking firms reinforcing the establishment of a precedent or "norm" by mimicking previous ventures (Strang & Macy, 2001), or distancing themselves from the precedent established by industry peers.
2) This situation creates tension between conforming to a strategic precedent of "acceptable" levels of social capital and differentiating through signaling access to greater social capital.
If a decision's influence is measured by the number of times it appears in case law, copy-paste precedent can sometimes have even more influence than a circuit's precedential opinions on the same subject.
On one level, this is to say that the copy-paste precedent discussed below is substantively mistaken.