(GWAVA: SPAM) Lazarus, Come Forth?

Mark Graber mgraber at gvpt.umd.edu
Tue Oct 24 11:39:13 PDT 2006


What does make of Morrison and Rehnquist's use of the Civil Rights Cases
to demonstrate that Congress cannot direct a Section 5 remedy to private
persons.

>>> "Paul Horwitz" <phorwitz at hotmail.com> 10/24/06 2:31 PM >>>
A colleague has asked me to pass on the following question: Are there
any 
examples of SCOTUS decisions that resurrect a prior decision of the
Court 
that commentators and/or courts had thought was dead, because the prior 
decision had been ignored or distinguished to the point that it was
thought 
to be no longer viable?

Any suggestions, on- or off-line, would be much appreciated.

Best,

Paul Horwitz
Southwestern Law School
Los Angeles, CA


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