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Retheorizing Precedent, Randy J. Kozel
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?