Articles

In his latest contribution to our exchange about the courts’ obligation to follow precedent, Prof. Michael Rappaport answers a question that I posed in the comments section of the Liberty Law Blog. He had argued that “the judicial power” conferred on courts by Article III of the Constitution obliges courts to follow precedent even ...

Prof. Michael Rappaport responds to my post from the other day about whether Justice Scalia’s originalism credentials are stronger than those of Justice Thomas. Rappaport says that “precedent was a widely followed practice of long-standing within the Anglo-American legal system at the time of the Constitution,” and “no Frame ...