Richard M. Re, Author at Harvard Law Review

Personal Precedent at the Supreme Court

Vol. 136 No. 3 January 2023 Personal precedent is a judge’s presumptive adherence to her own previously expressed views of the law. This Essay shows that personal precedent both does...

Richard M. Re

Stare Decisis Article

Beyond the Marks Rule

Vol. 132 No. 7 May 2019 This Article explores a basic question of precedent formation: When a majority of the Supreme Court cannot agree on a rule of decision, can...

Richard M. Re

Constitutional Law Response

The Positive Law Floor

Responding to William Baude & James Y. Stern, The Positive Law Model of the Fourth Amendment

Response to The Positive Law Model of the Fourth Amendment

Vol. 129 No. 7 May 2016

Richard M. Re

Criminal Procedure Article

The Due Process Exclusionary Rule

A new textual foundation for a rule in crisis

Vol. 127 No. 7 May 2014

Richard M. Re