Stare decisis is much more than a rule for common-law judges. It is a specific intellectual framework that is also essential to the practice of common law lawyers. It both commands and lives off of certain practices, among which the lawyer's duty to disclose adverse precedents factors prominently. The marriage of stare decisis with the duty to disclose precedents provides insight into some of the most hotly debated issues in litigation, namely the use of foreign law in adjudication and the acceptance of amicus curiae.
Andrea Pin & Francesca M. Genova,
The Duty to Disclose Adverse Precedents: The Spirit of the Common Law and Its Enemies,
Yale J. Int'l L.
Available at: https://digitalcommons.law.yale.edu/yjil/vol44/iss2/2