Now showing items 11-12 of 12
Social Constraint or Implicit Collusion?: Toward a Game Theoretic Analysis of Stare Decisis
(Seton Hall Law Review, 1993)
This Article suggests an alternative, internal rationale for why judges follow precedents. The Article posits that stare decisis has evolved as a result of judges' preference for the doctrine. The Article begins with an ...
An Originalist Understanding of Minimalism
(Northwestern University Law Review, 1993)
The main burden of Professor Perry's paper is to demonstrate that an originalist may, but need not, be a minimalist. In the course of this project, Perry reiterates his earlier arguments in favor of originalism. He also ...