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Polyphonic Stare Decisis: Listening to non-Article III Actors
Kermit Roosevelt

83 Notre Dame L. Rev. 1303 (2008)

Download the Paper (PDF format) - July 13, 2008 Tell a colleague about it.
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ABSTRACT:
This article explores the input that non-Article III actors can and should have in the Supreme Court’s decision to reconsider a prior constitutional decision. It employs a model of constitutional decision-making that distinguishes between the articulation of constitutional meaning and the construction of constitutional doctrine to identify several different stages at which a court can adhere to or depart from precedent and examines the persuasive power of non-Article III input at each stage.

SUGGESTED CITATION:
Kermit Roosevelt , "Polyphonic Stare Decisis: Listening to non-Article III Actors" (July 13, 2008). University of Pennsylvania Law School. Scholarship at Penn Law. Paper 235.
http://lsr.nellco.org/upenn/wps/papers/235




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