Precedent, Reliance, and the Judicial Function: A Response to Prof. Kozel

In this response, Professor Terrell argues that Professor Kozel bears a particularly heavy burden of proof. He finds that Professor Kozel's thesis is, on the one hand, both bold and potentially far-reaching, but on the other, counterintuitive and inconsistent with our most basic understandings of the judicial role in our legal system. Professor Terrell evaluates Professor Kozel's recent article, and identifies several points of disagreement.