Overruling by Implication and the Consequent Burden Upon Bench and Bar
This article is not about the merits or demerits of any of the individual rulings discussed below, but instead about the practice of overruling by implication. My thesis is that when the court does overrule its prior holdings it is far more preferable that it do so expressly, as in Broadnax and Bethel, than by implication.
