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Thursday, June 29, 2017

R. Kozel, "Settled Versus Right: A Theory of Precedent"

I'm pleased to share the news that the new book by my friend and colleague, Randy Kozel -- Settled Versus Right:  A Theory of Precedent -- is available now from Cambridge University Press.   (Among other things, the cover is great!).  Here's the blurb:

In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.

It's been a real treat talking with and learning from Randy about these matters over the past few years.  Congratulations!

Posted by Rick Garnett on June 29, 2017 at 09:26 AM in Rick Garnett | Permalink


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