Friday, September 20, 2024

Horizontal overruling?

Today's DJ has Justice Raphael's article Overruled? about whether one court of appeal panel can overrule another (or itself). This is a topic he has addressed before (see The Puzzle of Precedent in the California Court of Appeal, 33 Cal. Litig. 11 (2020)) and it is once again prominent based on a recent grant of review (see At The Lectern post here).