Retrospective and Prospective Application of Precedents in United States Federal Law
296 Revista de Processo 303 (2019)
10 Pages Posted: 11 Jul 2020
Date Written: 2019
This article discusses the prospective or retrospective effect of a federal law precedent that overrules an established precedent. In the past, the U.S. Supreme Court applied its precedents prospectively. Since 1987, however, all federal law precedents must apply retroactively.
Keywords: precedent, prospective, retrospective, overruling
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