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Article: Stare decisis, Chevron, and Skidmore: do administrative agencies have the power to overrule courts?
- Article from:
- William and Mary Law Review
- Article date:
- October 1, 2002
- Author:
CopyrightCOPYRIGHT 2002 College of William and Mary, Marshall Wythe School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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[B]ecause there is no Judge Subordinate, nor Soveraign, but may erre in a Judgement of Equity; if afterward in another like case he find it more consonant to Equity to give a contrary Sentence, he is obliged to doe it. No mans error becomes his own Law; nor obliges him to persist in it. Neither (for the same reason) becomes it Law to other Judges, though sworn to follow it.
--Thomas Hobbes (1)
Stare decisis provides some moorings so that men may trade and arrange their affairs with confidence.
--Justice Willism O. Douglas (2)
INTRODUCTION
Contrary to the hopes of Thomas Hobbes, expressed in the above quote from his landmark ...