Lazarus, Come Forth?
davidebernstein at aol.com
davidebernstein at aol.com
Tue Oct 24 11:39:38 PDT 2006
Morrison, reviving The Civil Rights Cases' view of Congress' power under Section 5 of the 14th Amendment.
-----Original Message-----
From: phorwitz at hotmail.com
To: conlawprof at lists.ucla.edu
Sent: Tue, 24 Oct 2006 2:31 PM
Subject: Lazarus, Come Forth?
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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