Amy Cohen v. Brown University

Because I am not persuaded that the majority’s view represents the state of the law today, I respectfully dissent.

I. THE LAW OF THE CASE

Under the doctrine of the “law of the case,” a decision on an issue of law made by the court at one stage of a case becomes a binding precedent to be followed in successive stages of the same litigation except in unusual circumstances. See Abbadessa v. Moore Business Forms, Inc., 987 F.2d 18, 22 (1st Cir.1993); EEOC v. Trabucco, 791 F.2d 1, 2 (1st Cir.1986). It is well established, however, that a decision of the Supreme Court, that is rendered between two…