Taking Time Seriously: The Federal Constitutional Right to be Free from 'Startling' State Court Overrulings
University of Utah - S.J. Quinney College of Law
March 20, 2010
Harvard Journal of Law and Public Policy, Vol. 11, No. 297, 1988
This article proposes that when state courts overrule established state common law property doctrines, such courts should concurrently make three distinct determinations: (1) the substantive decision to overrule established law; (2) the temporal decision to identify those transactions to which the changed rules apply; and (3) the remedial decision to provide remedies - such as damages, injunctive relief, and/or a period to amortize investments - to those deprived of their reasonable expectations.
Number of Pages in PDF File: 50
Keywords: overrulings, startling, retroactive, takings, just compensation clause, due process clause, contract clause
JEL Classification: D61,D63,D72,D78,D81,D82,D84,D91,D92,E13,E22,E61,E62,G14,H21,H53,H72,K11,K12,K41
Date posted: March 22, 2010 ; Last revised: February 5, 2013
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