Tag Archives: decisis

In-Chambers Stare Decisis

Law clerks are routinely instructed (by their predecessors, their judges, or some sort of in-chambers manual) that it's imperative to ensure that the opinions they work on be consistent with those written under the judge's name in prior years. There's … Continue reading

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Super-Strong Stare Decisis

A recurring theme in Supreme Court decisions that interpret federal statutes is that stare decisis should be especially strong. The rationale for this is that Congress can always modify statutes to supersede an interpretation that is problematic. Doing that for … Continue reading

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Policy: Stare decisis for Chevron interpretations?

New on SSRN: "Why Agency Interpretations of Ambiguous Statutes Should be Subject to Stare Decisis" by Harold (Hank) Greenberg (Clerk, 11th Cir.), __ Tenn. L. Rev. ___ (2011). Abstract: Agencies' interpretations of ambiguous statutes under Chevron are not subject to… … Continue reading

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