Abstract

http://ssrn.com/abstract=1174291
 


 



Polyphonic Stare Decisis: Listening to Non-Article III Actors


Kermit Roosevelt III


University of Pennsylvania Law School


Notre Dame Law Review, Vol. 83, Pg. 1303, 2008
U of Penn Law School, Public Law Research Paper No. 08-33

Abstract:     
This article explores the input that non-Article III actors can and should have in the Supreme Court's decision to reconsider a prior constitutional decision. It employs a model of constitutional decision-making that distinguishes between the articulation of constitutional meaning and the construction of constitutional doctrine to identify several different stages at which a court can adhere to or depart from precedent and examines the persuasive power of non-Article III input at each stage.

Number of Pages in PDF File: 35

Keywords: Constitution of the United States of America, Article III, Article 3, stare decisis, constitutional decision-making

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Date posted: July 25, 2008 ; Last revised: October 23, 2009

Suggested Citation

Roosevelt, Kermit, Polyphonic Stare Decisis: Listening to Non-Article III Actors. Notre Dame Law Review, Vol. 83, Pg. 1303, 2008; U of Penn Law School, Public Law Research Paper No. 08-33. Available at SSRN: http://ssrn.com/abstract=1174291

Contact Information

Kermit Roosevelt III (Contact Author)
University of Pennsylvania Law School ( email )
3501 Sansom Street
Philadelphia, PA 19104
United States
215.746.8775 (Phone)
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