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30 Jun 2021, 2:34 am by Donald Dinnie
In reaching a different conclusion to that which they reached over 10 years ago they invoked the good humoured justifications  of Justice Jackson in McGrath v Kristensen 340 US 162, 177-8 (1950): “Precedent, however, is not lacking for ways by which a judge may recede from a prior opinion that has proven untenable and perhaps misled others. [read post]