Keeping Faith: An Essay on the Right to Travel, the Poor and the Ethical Demands of Constitutional Stare Decisis
Document Type
Article
Publication Date
1999
Publication Information
5 Loyola Poverty Law Journal 27 (1999)
Abstract
This article, written before Saenz v. Roe was decided, argues that state residency rules of the kind challenged in Saenz should not be overruled for ethical reasons. The rule of stare decisis is based on the value of integrity, though that is different for institutions than for individuals. People and institutions must be able to trust the courts, and the courts must in return both demand accountability from other branches and engage in trustworthy decisional behavior.
Repository Citation
Failinger, Marie, "Keeping Faith: An Essay on the Right to Travel, the Poor and the Ethical Demands of Constitutional Stare Decisis" (1999). Faculty Scholarship. 606.
https://open.mitchellhamline.edu/facsch/606