See Also Response

Precedent as Tactical Weaponry

Prof. Michael Stokes Paulsen
Vol. 86, Issue 5
Posted on April 25, 2008
86 Texas L. Rev. See Also 56 (2008)

In this Comment to Professor Shapiro’s Article, Professor Paulsen—a known skeptic of constitutional stare decisis—colorfully analyzes how different approaches to precedent affect strategic coalition building on a multimember Court.  Under this new tactical theory, Professor Paulsen speculates how his views on constitutional precedent might affect his relative power as a fellow member of Justice Shapiro’s Court.

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