Of Sinking and Escalating: A (Somewhat) New Look at Stare Decisis

Authors

Rafael Gely, University of Missouri School of LawFollow

Document Type

Article

Publication Date

Fall 1998

Abstract

This article explores the concept of stare decisis from the escalation of commitment perspective. I argue that the theory of escalation of commitment provides a powerful tool that can be used in our understanding of the application of stare decisis . The literature on the use of precedent is extensive; however, this Article develops a new way of looking at case law development and stare decisis . In particular, the Article contemplates stare decisis as a decision-making process and then considers the academic literature in order that we may gain some insight into that process.

Recommended Citation

Rafael Gely, Of Sinking and Escalating: A (Somewhat) New Look at Stare Decisis, 60 U. Pitt. L. Rev. 89 (1998)