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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Carl v. Children's Hospital, 702 A.2d 159 (1997)

Citation
Carl v. Children's Hospital, 702 A.2d 159 (1997)
Parent Document
Carl v. Children's Hospital, 702 A.2d 159 (1997)
Jurisdiction
DC (municipal)
Effective Date
1997-09-23

Other Sections in This Document (617)

Full Text

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It is especially appropriate for the court to exercise its authority to modify the common law where, as I believe in this case, the doctrine sought to be revisited is rooted in an obsolete ideology and has evident analytical shortcomings. "It is revolting to have no better reason for a rule of law than that it was laid down in the time of Henry IV," OLIVER WENDELL HOLMES, THE PATH OF THE LAW 187 (1921), or, for that matter, in the days of President Rutherford Hayes. The following statement by the Supreme Court of Maine fits this case well: