Stare Decisis and Dicta
With a tip of the hat to Bankruptcy Litigation blog and the How Appealing blog, here is a link to a scholarly discussion by Judge Posner of dicta (or dictum) in court decisions and how that interfaces with the common law principle of stare decisis. Especially in light of the role that stare decisis is expected to play in the upcoming hearings for SCOTUS nominee Alito, and how lawyers try to distinguish cases based on alleged dicta, Judge Posner's analysis is worthwhile reading.
