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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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Because it provided an overly simplistic and mechanical solution to a complex problem, adherence to the traditional Blackstonian precept of unlimited retroactivity of overruling decisions has been gradually eroded and no longer prevails. Incorporating the basic philosophy of the Austinian theory, contemporary courts have developed a more sophisticated approach to the retroactivity versus prospectivity problem premised on the recognition that no singular definitive formula can automatically dictate the retrospective or prospective effect to be given an overruling decision in any given context.