Roe as Potemkin Village: Fallacies, Facades, and Stare Decisis

Why Stare Decisis?∗

All Courts rule ex-post, after most economic decisions are sunk. This can generate a time-inconsistency problem. From an ex-ante perspective, Courts will have the ex-post temptation to be excessively lenient. This observation is at the root of the rule of precedent, known as stare decisis. Stare decisis forces Courts to weigh the benefits of leniency towards the current parties against the bene...

An Ecomomic Perspective on Stare Decisis

Stare Decisis and the Rule of Law: A Layered Approach

The Implications of Transition Theory for Stare Decisis

Stare Decisis and Certiorari Arrive to Brazil: a Comparative Law and Economics Approach

Two important legal reforms in court procedure have taken place in Brazil recently: súmula vinculante (all courts now have to follow the reasoning of the Supreme Court in similar cases) and requisito da repercussão geral (the Supreme Court only hears cases that are of general importance). These two procedural rules respond to a long debate in the Brazilian legal community on how to address cour...