Perpetual Dissents

33 Pages Posted: 31 May 2014

Date Written: October 26, 2008

Abstract

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

Suggested Citation

Larsen, Alli Orr, Perpetual Dissents (October 26, 2008). George Mason Law Review, Vol. 15, No. 2, 2008, William & Mary Law School Research Paper No. 09-226, Available at SSRN: https://ssrn.com/abstract=2167421

Alli Orr Larsen (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

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