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Full-Text Articles in Jurisprudence

The Stare Decisis "Exception" To The Chevron Deference Rule, Rebecca White Dec 1992

The Stare Decisis "Exception" To The Chevron Deference Rule, Rebecca White

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In this article, the author discusses how Chevron intersects with one important competing norm - stare decisis. Stare decisis counsels the Court to adhere to its own decisions, particularly statutory ones, absent substantial justification for departure. To what extent should stare decisis apply when an agency's interpretation of a statute, otherwise deserving of deference under Chevron, conflicts with a prior interpretation of the statute by the Supreme Court?

This article suggests the following answer: If the Court's prior opinion upheld the agency's interpretation as one reasonable reading of the statute, but not the only one possible, and the ...


Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii Jan 1992

Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii

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Professor J.M. Balkin’s recent essay in Michigan Law Review assesses the implications that postmodernism holds for constitutional law. Although I agree with Balkin about many of the specific issues that he believes must be addressed in a postmodern constitutionalism, I find that his manner of talking about postmodernism is unproductive in an important way. Balkin quite correctly argues that a postmodern constitutionalism should not mimic the fragmented and superficial culture of postmodernity, nor should it devolve simply to normative claims that postmodernity is desirable and should be embraced or adopted within the law. However, Balin’s thesis that ...


Nurturing The Impulse For Justice, Lynne Henderson Jan 1992

Nurturing The Impulse For Justice, Lynne Henderson

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No abstract provided.