SHOULD ONE SUPREME COURT HAVE THE POWER TO OVERTURN PRECEDENT SET BY AN EARLIER SUPREME COURT?

Legal environment of business

 

1. SHOULD ONE SUPREME COURT HAVE THE POWER TO OVERTURN PRECEDENT SET BY AN EARLIER SUPREME COURT?

2. DO YOU SEE A PRACTICAL DIFFERENCE BETWEEN THE GRATZ AND GRUDER CASES? WHY OR WHY NOT? ARE EITHER PLANS “FAIR” IN YOUR OPINION? MORE IMPORTANTLY, DO YOU SEE EITHER, OR BOTH, AS CONSTITUTIONAL?

CAN YOU THINK OF A BASIS UPON WHICH A LATER COURT COULD OVERTURN EITHER DECISION IN THE FUTURE?

Thanks to Cheeseman, Henry R. The Legal Environment of Business and Online Commerce Eighth Edition (Prentice Hall, Copyright 2016)

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