Download This PaperRetheorizing Precedent
32 Pages Posted: 12 Feb 2021
Date Written: January 29, 2021
Abstract
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
Suggested Citation: Suggested Citation
Kozel, Randy J., Retheorizing Precedent (January 29, 2021). Duke Law Journal, Vol. 70, No. 5, 2021, Available at SSRN: https://ssrn.com/abstract=3775663
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