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Full-Text Articles in Legislation
The Costs Of Legal Change, Michael P. Van Alstine
The Costs Of Legal Change, Michael P. Van Alstine
Michael P. Van Alstine
No abstract provided.
Stare Decisis And Foreign Affairs, Michael Van Alstine
Stare Decisis And Foreign Affairs, Michael Van Alstine
Michael P. Van Alstine
This article examines whether the jurisprudential and institutional premises of the doctrine of stare decisis retain their validity in the field of foreign affairs. The proper role of the judicial branch in foreign affairs has provoked substantial scholarly debates—historical, institutional, normative—since the very founding of the republic. Precisely because of the sensitivity of the subject, the Supreme Court itself has both cautioned about the judicial branch’s comparative lack of expertise in the field and recognized a web of deference doctrines designed to protect against improvident judicial action. Notwithstanding all of this, however, neither the Supreme Court nor any scholar has …