Page:Board of Trustees of University of Arkansas v. Andrews.pdf/17

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

Fifth, the majority states that "under the doctrine of stare decisis, we cannot ignore six decades of this court's precedent prior to Staton." However, the same can be said with regard to our over twenty years of precedent set forth in Staton and Tedder. In Chamberlin v. State Farm Mutual Auto Insurance Company, 343 Ark. 392, 36 S.W.3d 281 (2001), this court described the dictates of stare decisis as follows:

Under the doctrine of stare decisis, we are bound to follow prior case law. The policy of stare decisis is designed to lend predictability and stability to the law. It is well-settled that "[p]recedent governs until it gives a result so patently wrong, so manifestly unjust, that a break becomes unavoidable." Our test is whether adherence to the rule would result in "great injury or injustice."

(Internal citations omitted.) Pursuant to Chamberlain, the majority has failed to demonstrate that our precedent set forth in Staton is "patently wrong" or "manifestly unjust." Instead, the majority's decision, in a perfunctory fashion, overhauls over twenty years of our well-established law on sovereign immunity and has effectively revived the antiquated doctrine that "the king can do no wrong."[2] By focusing solely on Staton and Tedder, the majority's


[2]   Since Staton and Tedder, we have consistently recognized an exception to the doctrine of sovereign immunity where an act of the legislature has created a specific waiver of immunity. See Ark. State Med. Bd. v. Byers, 2017 Ark. 213, 521 S.W.3d 459; Lenard v. Kelley, 2017 Ark. 186, 519 S.W.3d 682; Ark. State Police Ret. Sys. v. Sligh, 2017 Ark. 109, 516 S.W.3d 241; Kelley v. Johnson, 2016 Ark. 268, 496 S.W.3d 346; Johnson v. Butler, 2016 Ark. 253, 494 S.W.3d 412; Duit Constr. Co., Inc. v. Ark. State Claims Comm'n, 2015 Ark. 462, 476 S.W.3d 791; Ark. Dep't of Human Servs. v. Fort Smith Sch. Dist., 2015 Ark. 81, 455 S.W.3d 294; Smith v. Daniel, 2014 Ark. 519, 452 S.W.3d 575; Ark. State Claims Comm'n v. Duit Constr. Co., Inc., 2014 Ark. 432, 445 S.W.3d 496; Crossno v. Felts, 2014 Ark. 262 (per curiam); DuBois v. Hobbs, 2014 Ark. 259 (per curiam); Mitchem v. Hobbs, 2014 Ark. 233 (per curiam); Bd. of Trs. v. Burcham, 2014 Ark. 61; Kiesling-Daugherty v. State, 2013 Ark. 281; Ark. Lottery Comm'n v. Alpha Mktg., 2013 Ark. 232, 428 S.W.3d 415; Ark. Dep't of Cmty. Corr. v. City of Pine Bluff, 2013 Ark. 36, 425 S.W.3d 731; Ark. Game & Fish Comm'n v. Eddings, 2011 Ark. 47, 378 S.W.3d 694; Ark. Dep't of Envtl. Quality v. Al-Madhoun, 374 Ark. 28, 285 S.W.3d 654 (2008); Jones v. Flowers, 373 Ark. 213, 283 S.W.3d 551 (2008); Weiss v. McLemore, 371 Ark. 538, 268 S.W.3d 897 (2007); Simons v. Marshall, 369 Ark. 447, 451, 255 S.W.3d 838, 841 (2007); Ark Dep't of Human Servs. v. T.B., 347 Ark. 593, 67 S.W.3d [p18] 539 (2002); Short v. Westark Cmty. Coll., 347 Ark. 497, 65 S.W.3d 440 (2002); State v. Goss, 344 Ark. 523, 42 S.W.3d 440 (2001); Ark. Pub. Def. Comm'n v. Greene Cty. Cir. Ct., 343 Ark. 49, 32 S.W.3d 470 (2000); Milberg, Weiss, Bershad, Hynes & Lerach, LLP v. State, 342 Ark. 303, 28 S.W.3d 842 (2000); Ark. Pub. Def. Comm'n v. Burnett, 340 Ark. 233, 12 S.W.3d 191 (2000); Ark. Dep't of Human Servs. v. R.P., 333 Ark. 516, 970 S.W.2d 225 (1998); Office of Child Support Enft. v. Mitchell, 330 Ark. 338, 954 S.W.2d 907 (1997); Cross v. Ark. Livestock & Poultry Comm'n, 328 Ark. 255, 943 S.W.2d 230 (1997).

17