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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 11-735

Citation
Section 11-735
Parent Document
Mendes v. Johnson, 389 A.2d 781 (1978)
Jurisdiction
DC (municipal)
Effective Date
1978-06-13

Other Sections in This Document (216)

Full Text

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We think the federal constitution has no voice upon the subject. A state in defining the limits of adherence to precedent may make a choice for itself between the principle of forward operation and that of relation backward. It may say that decisions of its highest court, though later overruled, are law nonetheless for intermediate transactions . . . On the other hand, it may hold to the ancient dogma that the law declared by its courts had a Platonic or ideal existence before the act of declaration, in which event the discredited declaration will be viewed as if it had never been, and the reconsidered declaration as law from the beginning. [287 U.S. at 364-65, 53 S.Ct. at 148.]