How Allen v. Cooper Breaks Important New (if Dubious) Ground on Stare Decisis

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar comments on language in a recent U.S. Supreme Court decision, Allen v. Cooperdiscussing constitutional stare decisis in the context of state sovereign immunity. Amar points out some of the problems with the Court’s jurisprudence on state sovereign immunity and Congress’s Section 5 power, and he questions the Allen majority’s embrace of a “special justification” requirement for constitutional stare decisis.

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Randall v. Hooper

Citation: 2020 VT 32

Opinion Date: April 10, 2020

Judge: Paul L. Reiber

Areas of Law: Family Law

MiHae (Hooper) Randall (mother) filed a motion with the family division requesting Timothy Randall (father) pay a portion of her attorney’s fees relating to proceedings modifying the parties' parental rights and responsibilities. The court denied mother’s motion. Mother filed a motion to amend or alter the judgment, which the court also denied. Mother appealed. After review, the Vermont Supreme Court held the trial court did not abuse its discretion in denying mother’s request for attorney’s fees and therefore affirmed.