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Reason
Reason
Politics
Eugene Volokh

Judicial-Judicial Attitude-Altering Slippery Slopes and the Extension of Precedent

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.]

Judges to some extent tend to be reluctant to rely on their own moral or practical judgments. This tendency shouldn't be overstated, but neither should it be ignored. Thus, judges may defer to policy judgments underlying past judicial decisions, even if the decisions aren't strictly binding precedent.

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