Lower Court Application of the “Overruling Law” of Higher Courts

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Judicial and Constitutional Studies Legal processes and jurisprudence Comparative constitutional jurisprudence studies

Abstract

The obligation of a court to follow the law of a superior court is commonly taken to be stronger than the obligation of the higher court to respect its own precedent. The Supreme Court has recently asserted this stronger obligation in the most forceful terms. What follows is an attempt to demonstrate that this is wrong as a matter of policy and as a matter of law.

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1986Unpacking the Court 1993The One and the Many: Adjudication in Collegial Courts 1982The Empty Idea of Equality 1989Judicial Deference to Administrative Interpretations of Law 1994Why Must Inferior Courts Obey Superior Court Precedents?1988Stare Decisis and Constitutional Adjudication 1978Vermont Yankee: The APA, the D.C. Circuit, and the Supreme Court 1989"Let Congress Do It": The Case for an Absolute Rule of Statutory Stare Decisis

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