Can strict adherence to precedent perpetuate existing inequalities or injustices?

Furthermore, and again with the sole exception of the United States, no member of the WTO questions that the binding dispute settlement system with the ... Published Opinions are binding precedent. Unpublished Opinions are not binding precedent. Click to view FRAP 36 and accompanying Eleventh Circuit Rules. Apr 20, 2023 ... First, it is argued that judges of higher courts engage in important creative activity when they interpret the law, so that we can speak of ... binding precedent, perhaps because the Court has discretion- ary review, meaning that it can manage its caseload and its members will want each of their ... Sep 5, 2012 ... Decisions of the Appellate Term are not binding on the Supreme Court, even if issued within the same judicial department. Binding precedent refers to a legal principle or rule established in a previous court case that must be followed by lower courts in future cases with similar ... The modern doctrine of the binding force of judicial precedent only ... As well as the binding precedent discussed above, there is also persuasive ... Binding precedent. Precedent that a court must abide by in its adjudication of a case. For example, a lower court is bound by the decision of a higher ... precedent, the decision will be either binding on the later decision, or only persuasive. A binding precedent must be followed by the later case; a ... Feb 29, 2024 ... ... precedent of previous decisions. However, a court does not have to stand by a decision that is not binding precedent. Generally courts will ...