Parents often say that two wrongs don’t make a right. Statutory stare decisis — a form of stare decisis on steroids — actually invokes three wrongs under the Constitution. And piling up constitutional ...

This evening, Judge Andrew S. Oldham of the Fifth Circuit gave the Joseph Story Distinguished Lecture at the Heritage Foundation. I was pleased to be in attendance. The topic was provocative and will ...

With debates over the application of stare decisis taking center stage in recent Supreme Cout arguments regarding the viability of Chevron deference—an issue which we will likely revisit in June—it ...

Forbes contributors publish independent expert analyses and insights. Mark Cohen covers the global legal industry and business reinvention. Mindset matters now more than ever. In a real-time, ...

The U.S. Constitution contains three types of provisions: (1) structure of the new federal government; (2) specific citizens’ rights; (3) powers belonging to federal or state governments. Type (2) ...