Can Common Error Make Law? Christian Burset
Christian Burset of the University of Pennsylvania joins us for a journey into the strange past of jolly old England when Parliament made law but judges and lawyers weren’t too concerned with what it said. Christian’s article The Origins of Statutory Stare Decisis, forthcoming in the Columbia Law Review, looks at the history of how courts have dealt with precedent about what statutes mean. Today courts largely think of themselves as bound by previous decisions interpreting statutes even when those decisions seem to have wrongly interpreted the statutes. This is true even if the precedent…
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