9) Instead, in Casey, the Court created a newly minted version of Roe, then saved that version by overruling
two post-Roe decisions, (10) all the while offering the modern era's most detailed explanation of when the values of stare decisis should yield to the demands to overrule.
The High Court of Australia has, for many years, shown itself willing to make necessary changes in the law by overruling
its previous decisions.
If my supposition is correct, Justice Kennedy's reasons for not overruling
Roe in Casey could well have been largely prudential.
In 1999, Justice Moore penned two majority opinions overruling
previous South Carolina Supreme Court decisions, which suggest a desire to conform with the majority of other state and federal courts.
Likewise, this Note finds that the judicial speech act of overruling
is not purely performative or purely constative.
The authors provide neither the scales from which they drew their inferences nor the votes of the justices in the overruling
Since eBay's argument requires overruling
long-established legal precedent, we look forward to the consideration of the Supreme Court in this matter.
21) All of the cases in this study involved overruling
precedent, and therefore, the Michigan Supreme Court was compelled to examine this doctrine in order to reach the intended result in these cases.
The Federal Circuit recently issued an opinion overruling
a Claims Court decision that allowed a deduction for a retainer fee applied to acquisition costs.
Given the debate, we believe the Court will reserve its overruling
of past precedent to matters particularly important to the constituencies that created the "new" Court.
The important decision of the Supreme Court ratifying the constitutional autonomy of the Arbitration Process and overruling
the competence and Suspension Order of the Judge of San Marcos should similarly apply to the measure issued by the Judge of the District of Lima.
The board held a special meeting to consider overruling
a decision made last week by its national executive committee to reject a contract offer that had already been jointly negotiated with and approved by its sister union, the American Federation of Television and Radio Artists.
753 (1967), is no longer valid or, alternatively, to establish that its overruling
should be prospective only.
The Supreme Court affirmed this recommendation on December 9, 2003, overruling
all of Maryland's exceptions.
SAG's national board will hold a special meeting Wednesday to consider overruling
a decision by its national executive committee to reject an interactive media agreement that had been tentatively reached with video game companies.