immutable doctrine (Michigan) · Go Syfert
← Michigan issues

immutable doctrine in Michigan

8 Michigan opinions name it 2 courts 1986–2018 0 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
cluster 1741green
· · cited in 3 Michigan opinions naming this issue, 2010–2010
2 sentences

2010It follows that in the unusual circumstance when fidelity to any particular precedent does more to damage this constitutional ideal than to advance it, we must be more willing to depart from that precedent.” Id. at _; 130 S Ct at 921 ; 175 L Ed 2d at 807 . 3 I agree with Chief Justice Roberts that stare decisis is a policy and not an immutable doctrine.

2010It follows that in the unusual circumstance when fidelity to any particular precedent does more to damage this constitutional ideal than to advance it, we must be more willing to depart from that precedent.” Id. at _; 130 S Ct at 921 ; 175 L Ed 2d at 807 . 3 I agree with Chief Justice Roberts that stare decisis is a policy and not an immutable doctrine.

13
Harvey v. Dowgreen
me · 2008 · cited in 1 Michigan opinions naming this issue, 2018–2018
2 sentences

2018Harvey v Dow, 962 A2d 322, 327 (Me, 2008) (applying promissory to an agreement to transfer land); Klinke v Famous Recipe Fried Chicken, Inc, 94 Wash 2d 255, 260 (1980) (applying promissory estoppel to restaurant franchise agreement).

2018Harvey v. Dow , 962 A.2d 322 , 327 (Me., 2008) (applying promissory to an agreement to transfer land); Klinke v. Famous Recipe Fried Chicken, Inc. , 94 Wash. 2d 255 , 260, 616 P.2d 644 (1980) (applying promissory estoppel to restaurant franchise agreement).

11
Lawrence v. Texasgreen
scotus · 2003 · cited in 1 Michigan opinions naming this issue, 2010–2010
2 sentences

2010Justice Young’s various dissents continue to mischaracterize my positions by making inaccurate statements, using partial quotations taken out of context, and omitting relevant information in an apparent attempt to deceive readers. 2 I agree with the sentiment recently expressed by Chief Justice Roberts of the United States Supreme Court in his concurrence to the decision in Citizens United v Fed Election Comm, 558 US _ , _; 130 S Ct 876, 920 ; 175 L Ed 2d 753, 806 (2010), when he said that stare decisis is neither an “inexorable command,” Lawrence v. Texas, 539 U. S. 558, 577 [ 123 S Ct 2472 ;

2010Justice Young’s various dissents continue to mischaracterize my positions by making inaccurate statements, using partial quotations taken out of context, and omitting relevant information in an apparent attempt to deceive readers. 2 I agree with the sentiment recently expressed by Chief Justice Roberts of the United States Supreme Court in his concurrence to the decision in Citizens United v Fed Election Comm, 558 US _ , _; 130 S Ct 876, 920 ; 175 L Ed 2d 753, 806 (2010), when he said that stare decisis is neither an “inexorable command,” Lawrence v. Texas, 539 U. S. 558, 577 [ 123 S Ct 2472 ;

11
Helvering v. Hallockgreen
scotus · 1940 · cited in 1 Michigan opinions naming this issue, 2010–2010
2 sentences

2010Justice Young’s various dissents continue to mischaracterize my positions by making inaccurate statements, using partial quotations taken out of context, and omitting relevant information in an apparent attempt to deceive readers. 2 I agree with the sentiment recently expressed by Chief Justice Roberts of the United States Supreme Court in his concurrence to the decision in Citizens United v Fed Election Comm, 558 US _ , _; 130 S Ct 876, 920 ; 175 L Ed 2d 753, 806 (2010), when he said that stare decisis is neither an “inexorable command,” Lawrence v. Texas, 539 U. S. 558, 577 [ 123 S Ct 2472 ;

2010Justice Young’s various dissents continue to mischaracterize my positions by making inaccurate statements, using partial quotations taken out of context, and omitting relevant information in an apparent attempt to deceive readers. 2 I agree with the sentiment recently expressed by Chief Justice Roberts of the United States Supreme Court in his concurrence to the decision in Citizens United v Fed Election Comm, 558 US _ , _; 130 S Ct 876, 920 ; 175 L Ed 2d 753, 806 (2010), when he said that stare decisis is neither an “inexorable command,” Lawrence v. Texas, 539 U. S. 558, 577 [ 123 S Ct 2472 ;

11
Morehead v. New York Ex Rel. Tipaldogreen
scotus · 1936 · cited in 1 Michigan opinions naming this issue, 1986–1986
2 sentences

1986As Chief Justice Hughes said in his dissent in Morehead v People of State of New York ex rel Tipaldo, 298 US 587, 627 ; 56 S Ct 918 ; 80 L Ed 1347,1364 (1936): "We have had frequent occasion to consider the limitations on liberty of contract.

1986As Chief Justice Hughes said in his dissent in Morehead v People of State of New York ex rel Tipaldo, 298 US 587, 627 ; 56 S Ct 918 ; 80 L Ed 1347,1364 (1936): "We have had frequent occasion to consider the limitations on liberty of contract.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Petersen v. Magna Corp. green
mich · 2009
2 sentences

2010I chose not to sign Chief Justice KELLY’s lead opinion in Petersen v Magna Corp, 484 Mich 300, 316-320 ; 773 NW2d 564 (2009), because it proposed to create a standardized test for stare decisis.

2010I chose not to sign Chief Justice KELLY’s lead opinion in Petersen v Magna Corp, 484 Mich 300, 316-320 ; 773 NW2d 564 (2009), because it proposed to create a standardized test for stare decisis.

42010–2010
Plaut v. Spendthrift Farm, Inc. green
scotus · 1995
2 sentences

2003Furthermore, the "doctrine of separation of powers ... is a structural safeguard, a prophylactic device, rather than an immutable principle...." Quinton, supra at 89 , 551 N.W.2d 677 , citing Plaut v. Spendthrift Farm, Inc., 514 U.S. 211 , 115 S.Ct. 1447 , 131 L.Ed.2d 328 (1995).

2003Furthermore, the "doctrine of separation of powers ... is a structural safeguard, a prophylactic device, rather than an immutable principle...." Quinton, supra at 89 , 551 N.W.2d 677 , citing Plaut v. Spendthrift Farm, Inc., 514 U.S. 211 , 115 S.Ct. 1447 , 131 L.Ed.2d 328 (1995).

22003–2003
Quinton v. General Motors Corp. green
mich · 1996
2 sentences

2003Furthermore, the “doctrine of separation of powers ... is a structural safeguard, a prophylactic device, rather than an immutable principle . . . .” Quinton, supra at 89 , citing Plant v Spendthrift Farm, Inc, 514 US 211 ; 115 S Ct 1447 ; 131 L Ed 2d 328 (1995).

2003Furthermore, the "doctrine of separation of powers ... is a structural safeguard, a prophylactic device, rather than an immutable principle...." Quinton, supra at 89 , 551 N.W.2d 677 , citing Plaut v. Spendthrift Farm, Inc., 514 U.S. 211 , 115 S.Ct. 1447 , 131 L.Ed.2d 328 (1995).

22003–2003
Klinke v. Famous Recipe Fried Chicken, Inc. green
wash · 1980
2 sentences

2018Harvey v. Dow , 962 A.2d 322 , 327 (Me., 2008) (applying promissory to an agreement to transfer land); Klinke v. Famous Recipe Fried Chicken, Inc. , 94 Wash. 2d 255 , 260, 616 P.2d 644 (1980) (applying promissory estoppel to restaurant franchise agreement).

2018Harvey v. Dow , 962 A.2d 322 , 327 (Me., 2008) (applying promissory to an agreement to transfer land); Klinke v. Famous Recipe Fried Chicken, Inc. , 94 Wash. 2d 255 , 260, 616 P.2d 644 (1980) (applying promissory estoppel to restaurant franchise agreement).

12018–2018

Where else courts name it

CA 23 (1978–2024) MI 8 (1986–2018) NY 7 (1935–2001) NJ 7 (1876–2018) AK 6 (1972–1994) MN 5 (1987–2016) MD 4 (1977–2021) KY 4 (1968–2016) NM 4 (1898–2015) FL 4 (1981–2012) IL 3 (1966–1969) AL 3 (1979–1995) WI 3 (2005–2023) DC 3 (1996–2021) OR 2 (1985–1991) GA 2 (1985–2008) WA 2 (1981–2020) RI 2 (2017–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check