Keeping Faith: An Essay on the Right to Travel, the Poor and the Ethical Demands of Constitutional Stare Decisis

Loyola Poverty Law Journal, Vol. 5, p. 27, 1999

23 Pages Posted: 5 Nov 2011  

Marie A. Failinger

Mitchell Hamline School of Law

Date Written: January 1, 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.

Keywords: Faith, ethics, poor, poverty, welfare, travel, stare decisis, residential restrictions, Shapiro v. Thompson

Suggested Citation

Failinger, Marie A., Keeping Faith: An Essay on the Right to Travel, the Poor and the Ethical Demands of Constitutional Stare Decisis (January 1, 1999). Loyola Poverty Law Journal, Vol. 5, p. 27, 1999. Available at SSRN: https://ssrn.com/abstract=1929537

Marie A. Failinger (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

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