Precedent and Judicial Power after the Founding

Polly J. Price
Author ORCID Identifier 0000-0002-4989-7133 Document Type Article Publication Date 2000 Keywords Precedential value, Judicial power, Article III, Originalism Abstract A recent decision by a panel of the Court of Appeals for the Eighth Circuit enlivened the controversy over court rules that prevent citation to unpublished opinions when it held that the Circuit's non-citation rule violates Article III of the United States Constitution. This Article affirms the view that judicial power includes a..