LAWSO 1 11-29-07 - LAWS0 1 The Power of Precedent...

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LAWS0 1 November 29, 2007
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The Power of Precedent
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Objectives When should precedent be overturned? Langan v St Vincent’s Hospital (2005) Buckley v City of New York (1982) Herrera v Quality Pontiac (2003)
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Defense of Marriage Act (DOMA) Signed into law Sept. 21, 1996 Two effects No State required to recognize a marriage between persons of the same sex The Federal government may not recognize same sex marriages, even if lawful in one of the states.
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Legal history of DOMA Baehr v Lewin, Hawaii (1993) Baker v Nelson (1972) Langan v St Vincent’s Hospital (2005) Citations Baker Lawrence v Texas (2003) Valentine v American Airlines
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Langan majority There is no cogent reason to depart from established precedent of both the courts of the United States and the courts of the
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Unformatted text preview: State of New York . . . . Rationales for Stare Decisis • Predictability, equality, efficiency and the appearance of justice • A doctrine that can be easily manipulated – how? Rationales for overturning precedent • A subsequent development in the law • The ruling has proven to be unworkable • Underlying reason has become outdated Buckley v City of NY (1982) • Fellow servant rule – is it still in force? • Think about the reasoning in Buckley – are there reasons precedent should not be honored? Herrera v Quality Pontiac (2003) • Stare decisis promotes principles in the maintenance of a sound judicial system. • Stability of law • Fairness in assuring that all cases are treated similarly • Judicial economy...
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  • Summer '07
  • SpearIt
  • Law, Same-sex marriage, Buckley, Langan, Langan v St

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