Reliance-based limitations may refine prospective overruling doctrine

Evidence

Would the doctrine of prospective overruling work better if the benefit of the overruled decision were given only to persons who could show positively that they had relied on it? — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2848

Categorization

• XREF: connects to: Prospective overruling shifts the judge role toward a political overreaching that no theory contains — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2850; Courts can choose prospective scope when announcing new constitutional rules — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2945; Prospective overruling can stratify private law into dated temporal layers — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2847

Broader Connections

• Prospective overruling can stratify private law into dated temporal layers #expands (0.95) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2847