Abstract

http://ssrn.com/abstract=1575629
 


 



Taking Time Seriously: The Federal Constitutional Right to be Free from 'Startling' State Court Overrulings


John Martinez


University of Utah - S.J. Quinney College of Law

March 20, 2010

Harvard Journal of Law and Public Policy, Vol. 11, No. 297, 1988

Abstract:     
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

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Date posted: March 22, 2010 ; Last revised: February 5, 2013

Suggested Citation

Martinez, John, Taking Time Seriously: The Federal Constitutional Right to be Free from 'Startling' State Court Overrulings (March 20, 2010). Harvard Journal of Law and Public Policy, Vol. 11, No. 297, 1988. Available at SSRN: http://ssrn.com/abstract=1575629

Contact Information

John Martinez (Contact Author)
University of Utah - S.J. Quinney College of Law ( email )
332 S. 1400 East Front
Salt Lake City, UT 84112-0730
United States

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