I saw this post at the "Re's Judicata" blog, written by Prof. Richard Re (University of Virginia), and found it very interesting; I asked Prof. Re whether I could repost it, and he graciously agreed: ...

A recent Fourth Circuit opinion about medical privacy provides a valuable lesson on how stare decisis can guide litigants through case law that is less than clear. In Payne v. Taslimi, which I argued ...

In a biting dissent two years ago, when the Supreme Court overturned a ruling from 1979, Justice Stephen Breyer wrote that the decision “can only cause one to wonder which cases the court will ...

Three Florida Democrats spoke at the Planned Parenthood in Kissimmee to address the leaked draft opinion from the Supreme Court showing a plan to throw out the landmark Roe v. Wade decision. ‘Our ...

During oral arguments in Dobbs, Chief Justice Roberts asked a question about the relationship between stare decisis and originalism that I hadn't considered. CHIEF JUSTICE ROBERTS: On stare decisis, I ...

This article examines the recent Court of Appeals decision that addresses whether the plaintiff was engaged in the type of "repairing" activity that is covered by Labor Law §240(1). The case should be ...

The Supreme Court has not heard arguments in a state secrets case in a decade, but this term, the justices will hear two, with the first taking place this morning. The last time the justices faced a ...

Part of a continuing series examining the U.S. Supreme Court case Dobbs v. Jackson Women’s Health Organization, a direct challenge to the 1973 decision in Roe v. Wade that legalized abortion ...

As the wait begins for a decision in the Dobbs v. Jackson Women’s Health Organization abortion case, close attention will be paid to the comments and questions of three conservative justices on the ...