The Pernicious Doctrine of Stare Decisis: A Debate

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Stare decisis, in Latin literally “Let the decision stand,” is the doctrine by which courts adhere to previously decided cases or precedents. Professors Paulsen and Gerhardt will debate this provocative topic, with Professor Paulsen specifically arguing that “the doctrine of stare decisis is … unconstitutional and dis-serves all of the rule-of-law values it is alleged to advance.”

Recorded on October 25, 2007.

Appearing: Curtis Bradley, moderator ; Michael Paulsen (University of St. Thomas School of Law), panelist ; Michael Gerhardt (UNC-CH School of Law), panelist.

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