33 Pages Posted: 31 May 2014
Date Written: October 26, 2008
Analyzes the practice of Supreme Court justices to depart from stare decisis with respect to precedents from which they dissented originally. Demonstrates the prevalence of these "perpetual dissents" in modern times and compares the possible benefits with the potential adverse consequences. Argues that the author of a perpetual dissent is pursuing a "self stare decisis" at the expense of construing the law, and suggests that the practice be confined to very limited circumstances.
Keywords: perpetual dissents
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