Does the Supreme Court's Current Doctrine of Stare Decisis Require Adherence to the Supreme Court's Current Doctrine of Stare Decisis

49 Pages Posted: 14 May 2008  

Michael Stokes Paulsen

University of St. Thomas School of Law

Abstract

This Article asks whether a fair application of the Supreme Court's current doctrine of stare decisis to the Supreme Court's current doctrine of stare decisis would counsel in favor of adhering to current doctrine or departing from it. Professor Paulsen argues that the paradoxical answer is that current doctrine of precedent suggests that current doctrine of precedent disserves all of the doctrine's supposed policy justifications. Accordingly, the Court's current doctrine of stare decisis may and should be overruled - according to the Court's current doctrine of stare decisis.

Keywords: Supreme Court, judicial decision-making, stare decisis, precedent

Suggested Citation

Paulsen, Michael Stokes, Does the Supreme Court's Current Doctrine of Stare Decisis Require Adherence to the Supreme Court's Current Doctrine of Stare Decisis. North Carolina Law Review, Vol. 85, 2008; U of St. Thomas Legal Studies Research Paper No. 08-15. Available at SSRN: https://ssrn.com/abstract=1131772

Michael Stokes Paulsen (Contact Author)

University of St. Thomas School of Law ( email )

MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States
651-962-4831 (Phone)

Paper statistics

Downloads
477
Rank
46,495
Abstract Views
3,811