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Polyphonic Stare Decisis: Listening to non-Article III Actors
Kermit Roosevelt
83 Notre Dame L. Rev. 1303 (2008)
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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