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Student Publications Homepage
ARTICLE CONTENTS
[Pages 81-122]
TOP OF ARTICLE
I. The Court’s Use of History in Anastasoff
II. Post-Founding Views: Precedent in the Nineteenth Century
A. Vested Rights and Protection of Property
B. The Codification Debates
C. The General Federal Common Law
III. Precedent and Judicial Power Today: Why Have We Not Thought of This Before?
Conclusion: The Burden of Justification in Historical Perspective
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