Does the doctrine of stare decisis support judicial attempts to retheorize dubious precedents by putting them on firmer footing? If it does, can retheorization provide a means for Chevron to endure as a staple of administrative law notwithstanding serious challenges to its established rationale?
Randy J. Kozel, Retheorizing Precedent, 70 Duke L.J. 1025-1056 (2021)
Available at: https://scholarship.law.duke.edu/dlj/vol70/iss5/3