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Table Of Contents

A. The Duty to Obey Courts with Revisory Jurisdiction
B. Visualizing Hierarchy Without Duty
11. FORMALIST JUSTIFICATIONS FOR HmIRARCHicAL PRECEDENT
A. Is the Doctrine Constitutionally Compelled?
1. The case for constitutional compulsion
B. Is the Doctrine Statutorily Compelled?
A. Judicial Economy
B. The Desire to Avoid "Delayed Justice"
C. Greater Decisionmaking Proficiency of Superior Courts
D. Uniform Interpretation and Application of Law
1. Interests served by uniformity
2. Explanatory value of the uniformity rationales
A. Judicial Independence and the Nature of Judicial Review
B. Judicial Disobedience to Spur Legal Reform
V. TAKING STOCK: JUSTIFICATIONS AND IMPLICATIONS
1. Lower court obedience to Supreme Court decisions
B. Doctrinal Implications
CONCLUSION
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CARNMINKER

CARNMINKER

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Published by Larissa Melo

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Published by: Larissa Melo on Jan 10, 2012
Copyright:Attribution Non-commercial

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