Albright v. Karston

The fact that my six associates agree with all that is said in the majority opinion would ordinarily cause me to doubt the soundness of my views, and to impute to the concepts I entertain an urge to moralize, as distinguished from a duty to correctly declare the law.

But where one’s beliefs respecting a transaction that must be dealt with officially reach the dignity of an earnest conviction; and when, as here, the subject is of first impression in Arkansas and there is no domestic precedent to which the term stare decisis may attach — in these circumstances there is no discretion behind which…