Five circuits indicate that unpublished opinions, while falling short of binding precedent, may be considered as persuasive authority
or for their persuasive value.
To increase HPV vaccine acceptance among parents, caregivers, and adolescents, the Panel recommends targeted efforts, including the deployment of integrated, comprehensive communications strategies, using social media, print, electronic communications and the persuasive authority
of health care providers interacting with empowered patients.
That is, from the realist perspective, one effect of NFIB is to enable litigators to cite the opinion of Justice Roberts and the joint dissent of Justices Kennedy, Scalia, Thomas, and Alito as binding authority (and in the alternative as persuasive authority
Despite the analysis in Stroud135 and its progeny, (136) the cases discussed in Part III suggest that litigants should be able to cite as persuasive authority
appellate court opinions that were vacated on grounds that do not call into question the propositions for which they are cited.
T]here are also very important differences between controlling and persuasive authority
The court relied on the EEOC as a persuasive authority
," says Vladimir Belo, a partner at Bricker & Eckler.
3) Relying upon international human rights laws and norms as persuasive authority
when deciding domestic legal issues should not only be permissible; it should be encouraged.
A plaintiff can also point out that for lawyer, as opposed to accountant, malpractice, no statute adopts the statutory comparative fault scheme found in section 5/2-1116, and thus Coopers & Lybrand is the only persuasive authority
on the issue.
So, while these documents do not have the force of law, they do have persuasive authority
when it comes to establishing policy and determining scope of practice.
For instance, before her retirement, Justice O'Connor stated that "conclusions reached by other countries and by the international community, although not formally binding upon our decisions, should at times constitute persuasive authority
in American courts.
The court found no persuasive authority
for the proposition that an otherwise valid zoning enactment is invalid if it is in any way prompted or encouraged by a public benefit voluntarily offered.
Even as it is, the decision still has persuasive authority