Is stare decisis a sand castle? An open letter to my law professor colleagues

ASU Law Online
This article was written by guest author F.E. Guerra-Pujol, Associate Professor of Law at Barry University.   Dear colleagues, As we begin another fun-filled year of teaching and thinking, I can’t help but realize that the foundation of our legal system, the common law doctrine of stare decisis, Latin for “let the decision stand,” is nothing but a pretty sand castle, one that crumbles when exposed to the unceasing and timeless waves of logic and practical experience. Let me explain. Stare decisis, or the principle of precedent, is based on a simple moral maxim: the idea that judges should treat like cases alike. The general idea, the one that we law professors teach our students on the first day of law school, is that a decision made by a court…
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