Title
Microsoft Word - Ghatan Final.doc
By
alyneh
Description
THE INCENTIVE PROBLEM WITH PROSPECTIVE OVERRULING: A CRITIQUE OF THE PRACTICE Gil J. Ghatan* Editors’ Synopsis: In this Article, the Author examines and critiques the use of prospective overruling as a tool to develop the common law. Using the Massachusetts Supreme Judicial Court’s use as an example of how the doctrine has developed over the past decades, the Author argues that the doctrine in its current form suppresses the incentive to argue for necessary changes in the law that may exist...

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