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Related to precedential: Precedential law
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26) In Part II, we take up the task of determining whether the justifications for the doctrine of stare decisis support affording secret opinions of this type binding precedential force.
If a decision's influence is measured by the number of times it appears in case law, copy-paste precedent can sometimes have even more influence than a circuit's precedential opinions on the same subject.
Just as the law of precedent gives earlier judges a check on the power of those who come behind, the doctrine sometimes allows later judges to minimize the precedential effect of earlier decisions, providing a counterbalancing check on their predecessors.
By using a different model and giving greater, statewide precedential weight to some appellate decisions from the district courts, Florida loses the opportunity to "percolate" different interpretations of the law.
The first precedential rule is straightforward: Precedent should be followed when overturning it would result in enormous costs.
The precedential value of advance tax rulings was noted in the general report of the 1999 International Fiscal Association congress on Advance Ruling: "[I]n most countries advance rulings have some precedential value .
It is not precedential for future years or other taxpayers.
Subscribers have access to Current Developments & Awareness with weekly e-mail alerts from Alston & Byrd covering precedential and non-precedential case summaries from the Federal Circuit Court, as well as selected articles from related intellectual property journals, including "The Licensing Journal," "Intellectual Property and Technology Law Journal," "IP Litigator" and "The Compute and Internet Lawyer.
He makes a strong case that Chavez has provided a clear precedential pathway for determining that the right to remain silent does not prevent coercive interrogations by government officials.
Though, technically, the denial has no precedential value, practically speaking, it generally means the top court is not troubled by the lower appellate court decision.
Within days the Home School Legal Defense Association (HSLDA), a national organization with more than 14,000 member families in California, had collected over 250,000 signatures calling on the California Supreme Court to "depublish" the appellate court's ruling, which would strip it of precedential value.