Retheorizing Precedent

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

Suggested Citation

Kozel, Randy J., Retheorizing Precedent (January 29, 2021). Duke Law Journal, Vol. 70, No. 5, 2021, Available at SSRN:

Randy J. Kozel (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

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