Brief of Professor Richard M. Re as Amicus Curiae in Support of Neither Party, Hughes v. United States

24 Pages Posted: 22 Mar 2018 Last revised: 30 Apr 2018

Richard M. Re

University of California, Los Angeles (UCLA) - School of Law

Date Written: January 26, 2018

Abstract

This brief argues for abandoning the "Marks rule," or the principle that a fragmented Court decision stands for the “position taken by those members who concurred in the judgments on the narrowest grounds.” Instead, a precedent of the Supreme Court should form only when most justices expressly agree on a rule of decision. The arguments builds on the evidence and argument set out in Richard M. Re, Beyond the Marks Rule, Harv. L. Rev (forthcoming 2018) (available on SSRN).

Keywords: Marks rule, precedent, stare decisis

Suggested Citation

Re, Richard M., Brief of Professor Richard M. Re as Amicus Curiae in Support of Neither Party, Hughes v. United States (January 26, 2018). UCLA School of Law, Public Law Research Paper No. 18-14. Available at SSRN: https://ssrn.com/abstract=3143130 or http://dx.doi.org/10.2139/ssrn.3143130

Richard M. Re (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
58
rank
339,010
Abstract Views
316
PlumX