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- Title
OVERRULING BY IMPLICATION AND THE CONSEQUENT BURDEN UPON BENCH AND BAR.
- Authors
Shoot, Brian J.
- Abstract
The article focuses on the doctrine of stare decisis, as per which judges should consider precept of a law rather than simply following personalities that interpret a law in New York. It highlights the significance of adhering to a prior precedent and discusses the need to imply overruling only if it is justified to abate burden. It discusses the cases of New York Court of Appeals for the Second Circuit including Bethel v. N.Y.C. Transit Auth., Tebbutt v. Virostek, and Broadnax v. Gonzalez.
- Subjects
NEW York (State); STARE decisis; STATUTORY interpretation; LEGAL precedent; NEW York (State). Court of Appeals; JUDGES
- Publication
Albany Law Review, 2012, Vol 75, Issue 2, p841
- ISSN
0002-4678
- Publication type
Article