Downgrading Superprecedents
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2019
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American English
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Abstract
It is widely believed that some judicial cases should qualify as superprecedents. This Article considers the idea of a judicial superprecedent at the level of broad legal theory, as well as at the level of the particular superprecedent cases themselves. As it turns out, the apparently reasonably clear idea of a superprecedent is actually remarkably unclear in a variety of often conflicting ways.
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122 West Virginia Law Review 145
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Article