Andrew Coan is Milton O. Riepe Chair in Constitutional Law at The University of Arizona
The problem is that unlike narrowing or partial overruling, retail stare decisis depends on the identity of one of the parties. “Precedent for me but not for thee” is no way to run a railroad.
The problem is that unlike narrowing or partial overruling, retail stare decisis depends on the identity of one of the parties. “Precedent for me but not for thee” is no way to run a railroad.