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Administrative Law

2021

Notre Dame Law School

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Full-Text Articles in Law

Retheorizing Precedent, Randy J. Kozel Jan 2021

Retheorizing Precedent, Randy J. Kozel

Journal Articles

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?