Overruled by Implication
Seattle University Law Review, Vol. 33, p. 151, 2009
39 Pages Posted: 8 Dec 2009
Date Written: 2009
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: Suggested Citation