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Settled Law
G. Alexander Nunn & Alan M. Trammell, Settled Law, 107 Va. L. Rev. 57 (2021). This Article is brought to you for free and open access by the Faculty Scholarship at Washington and Lee University School of Law Scholarly Commons.
"Settled Law" by G. Alexander Nunn and Alan M. Trammell
Abstract. “Settled law” appears frequently in judicial opinions—sometimes to refer to binding precedent, sometimes to denote precedent that has acquired a more mystical permanence, and sometimes as a substantive part of legal doctrine.
Settled Law - Virginia Law Review
We contend that settled law is actually a meaningful concept, even though it does not embody any single, unified idea. First, we argue that controlling law, which essentially corresponds to binding precedent, is a fundamentally distinct concept that is neither synonymous with nor a subset of settled law.
Why "Settled Law" Isn't Really Settled -- and Why That's ...
The truth is that "settled law" is just a euphemism that jurists and legal scholars use to refer to Supreme Court precedent that is indeed binding—but only until a majority of the justices...
What Is ‘Settled’ Law? | National Review
July 14, 2009 3:31 PM. Judge Sotomayor answering Senator Hatch [almost a quote]: All decisions of the Supreme Court I consider “settled law” to the extent that the doctrine of stare decisis...
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