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01/31/2021

Randy Kozel: Retheorizing Precedent
Michael Ramsey

Randy J. Kozel (Notre Dame Law School) has posted Retheorizing Precedent (Duke Law Journal, Vol. 70, No. 5, 2021) (32 pages) on SSRN.  Here is the abstract:

Does the doctrine of stare decisis support judicial attempts to retheorize dubious precedents by putting them on firmer footing? If it does, can retheorization provide a means for Chevron to endure as a staple of administrative law notwithstanding serious challenges to its established rationale?

(Via Larry Solum at Legal Theory Blog, who says "Highly recommended.")