Courts may retroactively invalidate conduct though litigants often dispute it

Evidence

This is not a case where a court in overruling an earlier decision has given to the new ruling a retroactive bearing, and thereby has made invalid what was valid in the doing. Even that may often by done, though litigants not infrequently have argued to the contrary. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2861

Categorization

• XREF: connects to: Courts reinterpreted precedents at the cost of fair warning to parties — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2156; Whether courts address problems at the opportune time is largely a matter of chance — G. Alan Tarr, Judicial Process and Judicial…, 2852

Broader Connections

• Whether courts address problems at the opportune time is largely a matter of chance #qualifies (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 2852