Precedent as Tactical Weaponry


Prof. Michael Stokes Paulsen
Posted on Fri, 2008-04-25
Citation: 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.