The Yale Law Journal

Pintip Hompluem Dunn


How Judges Overrule: Speech Act Theory and the Doctrineof Stare Decisis

Pintip Hompluem Dunn

113 Yale L.J. 493 (2003)

Judges have been called liars, but lying is not necessarily a bad thing. Judges must be given the ability to overrule; otherwise, we would be stuck with a decision even if it was wrongly decided and times and thinking had changed. In the recent case of Lawrence v. Texas, the …