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07/11/2017

New Book: "Settled Versus Right: A Theory of Precedent" by Randy Kozel
Michael Ramsey

Recently published, by Randy Kozel (Notre Dame): Settled Versus Right: A Theory of Precedent (Cambridge Univ. Press 2017). Here is the book description form Amazon:

In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.

(With very positive blurbs from Adrian Vermeule, Jack Balkin and Fred Schauer).

Originalism needs a theory of precedent.

(Via Rick Garnett at Prawfsblawg).

RELATED:  Professor Kozel is guest-blogging about his book at Volokh Conspiracy.  Here is his first post.