Overruled by Implication

Seattle University Law Review, Vol. 33, p. 151, 2009

39 Pages Posted: 8 Dec 2009

Date Written: 2009

Abstract

This Article consists of a discussion of the practice and legitimacy of overruling prior precedents by implication, i.e., without expressly so stating. The Article also includes a criticism of the Supreme Court's jurisprudence in this area and its statement that "[i]f a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions."

Keywords: courts, precedent

Suggested Citation

Shannon, Bradley Scott, Overruled by Implication (2009). Seattle University Law Review, Vol. 33, p. 151, 2009. Available at SSRN: https://ssrn.com/abstract=1518549

Bradley Scott Shannon (Contact Author)

Florida Coastal School of Law ( email )

8787 Baypine Road
Jacksonville, FL 32256
United States
(904) 680-7745 (Phone)
(904) 680-7771 (Fax)

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