Opinion by Judge THOMAS; Dissent by Judge KOZINSKI.
THOMAS, Circuit Judge:
This case requires us to consider the effect of two precepts designed to promote consistency and stability in development of the law: the doctrine of law of the case and the presumption against retroactive application of new statutes.
After carefully examining the application of these tenets to this case, we hold that a three-judge panel improperly applied the law of the case...
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