Can academic commentary lead to a reconsideration of existing precedents?

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Settled law” appears frequently in judicial opinions—sometimes to refer to binding precedent, sometimes to denote precedent that has acquired a more ... extent, which is one of the most basic demands of justice. On the other hand, rigid adherence to the doctrine of binding precedent could stulti- fy legal ... Jan 12, 2021 ... ... binding rules; the facts in a particular case may be so atypical as to counsel against creating binding precedent for all later cases; or ... Nov 26, 2024 ... U.S. Supreme Court decisions are binding precedent on all other federal courts and all state courts on questions of constitutional ... (impermissibly) treated as binding “precedent.” Page 15. 7. 5. The Appellate Body wrongly claims that its reports are entitled to be treated as binding. Feb 4, 2017 ... The jurors determine the facts and reach a verdict, within the guidelines of the law as determined by the judge. All ICA opinions, orders, or decisions are binding precedent for the decisions of all circuit courts, family courts, magistrate courts, and state ... Binding precedent describes law set forth in written appellate court decisions that set the legal standards for lower courts in the same jurisdiction. Precedent ... Panel decisions are not binding precedent on other Appeals Board panels and WCJs. However, panel decisions are citable and are considered to the extent that ... Aug 18, 2024 ... This doctrine establishes a hierarchical structure of courts wherein decisions rendered by higher courts are binding upon lower courts, ensuring consistency ...
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