32 Pages Posted: 12 Feb 2021
Date Written: January 29, 2021
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?
Keywords: chevron, stare decisis, precedent, overruling, administrative law
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