What are the challenges in applying the doctrine of binding precedent in complex or novel areas of law, such as environmental law or intellectual property law?

Feb 13, 2022 ... The published opinions of the Court are binding precedent until overruled by the Supreme Court, and the Supreme Court has recognized that ... 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 ... Oct 16, 2023 ... The US Supreme Court is an exception in that its precedent is binding on all US courts, both state and federal. Determining when a court is ... Binding precedent is a legal rule made by a higher court that lower courts must follow. When a higher court decides a case, it writes down its decision in a ... The legal principle of precedent requires that a prior decision be treated as binding even if the current decision maker disagrees with that decision. Sep 5, 2012 ... Decisions of the Appellate Term are not binding on the Supreme Court, even if issued within the same judicial department. Jul 3, 2007 ... Whether the ruling of the Western Section Court of Appeals in Wells v. Wharton, 2005 WL. 3309651 (Tenn. Ct. App. 2005), sets a binding precedent ... May 1, 2024 ... A Common Law for the Age of Amici: How the Party-Presentation Principle Can Help Identify Binding Precedent. David S. Coale. Partner, Lynn ... Jan 10, 2025 ... Whether the Supreme Court could employ its supervisory power to impose a binding, vertical precedent about horizontal precedent is another ... (impermissibly) treated as binding “precedent.” Page 15. 7. 5. The Appellate Body wrongly claims that its reports are entitled to be treated as binding.