A Debate
October 25, 2007
Sponsored by Duke Law's Federalist Society and Program in Public Law

Michael Paulsen
University of St. Thomas School of Law

Michael Gerhardt
University of North Carolina School of Law

Stare decisis, in Latin literally "Let the decision stand," is the doctrine by which courts adhere to previously decided cases or precedents. Professors Paulsen and Gerhardt debate this provacative topic, with Professor Paulsen specifically arguing that "the doctrine of stare decisis is . . . unconstitutional and disserves all of the rule-of-law values it is alleged to advance."

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