Abrogating Precedent: Challenging Statutory and Constitutional Interpretations That No Longer Seem Valid
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will review best strategies for changing how lawyers should argue their cases after recent U.S. Supreme Court and U.S. Circuit Court decisions applying or modifying the doctrine of stare decisis. The panel will discuss new ways of analyzing, applying, and refining precedent, how U.S. Circuit Courts have applied their own and SCOTUS precedent, and how well trial courts follow precedent. The program will also examine what stare decisis is not and controversy and confusion concerning whether recent case law departs from or refines the principle.
Outline
- History of stare decisis
- Critical cases where SCOTUS reversed itself and why
- Current approaches to stare decisis
- Strategies for possible challenges to both statutory and constitutional interpretations
Benefits
The panel will review these and other pivotal questions:
- What are the different and emerging views regarding when the Supreme Court should reverse course?
- Can cases where the Court reverses prior opinion be categorized meaningfully?
- Are reports of the death of stare decisis greatly exaggerated or cause for concern?
Faculty
Mark Cooney
Professor
Western Michigan University Cooley Law School
Prof. Cooney has taught Research & Writing and Advocacy for 16 years. Before teaching, he spent 10 years in private... | Read More
Prof. Cooney has taught Research & Writing and Advocacy for 16 years. Before teaching, he spent 10 years in private practice with civil-litigation firms, specializing in civil appeals. He has successfully briefed and argued appeals in the Michigan Supreme Court, the Michigan Court of Appeals, and the U.S. Court of Appeals for the Sixth Circuit. He’s a past chair of the Michigan State Bar's Appellate Practice Section, was a founding board member of the Michigan Supreme Court Historical Society’s Advocates Guild, and is a frequent speaker and moderator at programs on legal writing and appellate practice. Prof. Cooney is Editor-in-Chief of The Scribes Journal of Legal Writing.
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Benjamin G. Shatz
Partner & Certified Appellate Specialist
Manatt Phelps & Phillips
Mr. Shatz Co-Chairs Manatt's Appellate Practice Group. He has briefed hundreds of civil appeals, writs, and... | Read More
Mr. Shatz Co-Chairs Manatt's Appellate Practice Group. He has briefed hundreds of civil appeals, writs, and petitions to the U.S. Supreme Court, U.S. Courts of Appeals, California Supreme Court, and California Courts of Appeal, covering a multitude of areas of law. He is a frequent lecturer and author, published in California Litigation, California Lawyer, Los Angeles Lawyer, Inside Counsel, The Daily Journal, The Recorder, For the Defense, California Defender, CEB Civil Litigator Reporter, and many other legal publications.
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