binding precedent

• Kevin Tolliver v. Michael Sheets, (6th Cir. 2010)

... applied the relevant Supreme Court precedent and that this misapplication was objectively unrea... to decisions by other circuits not as binding precedent on whether a legal principle has been cl...

• Federal Circuits

• House Attorneys: Precedent

Attorneys for the House of Representatives this week asked a federal court to throw out a case against the Defense of Marriage Act, saying the 1996 law is both constitutional and rational. The U.S. Supreme Court ruled in 1972 "that two men .. had no constitutional right to marry each other," and this "binding" precedent "supports DOMA's constitutionality," Paul D Clement and colleagues said in their Aug. 15 briefs in the U.S. District Court for the District of Connecticut.

• The Washington Times
• August 17, 2011

• Precedent Not Binding On Abortion, Alito Says

WASHINGTON - Supreme Court nominee Samuel Alito picked his way carefully Tuesday through the issues of abortion and warrantless wiretapping, satisfying Senate Republicans at his confirmation hearings but provoking Democratic expressions of displeasure. The Bill of Rights applies "in times of war and in times of national crisis," the 55-year-old appeals court judge said, although he declined to specify whether President Bush acted properly in ordering wiretaps without warrants in selected cases as part of the war on terror.

• Charleston Gazette
• January 11, 2006

• Mass. Appeals Court Unpublished Case Summaries: October 5, 2009

Following are the summaries of decisions issued by the Appeals Court pursuant to Rule 1:28. In reporting these unpublished decisions, Massachusetts Lawyers Weekly reminds readers that the decisions may be cited for their persuasive value but not as binding precedent. Licenses and permits

• Lawyers USA
• October 06, 2009

• Mass. Appeals Court Unpublished Case Summaries: October 5, 2009

Following are the summaries of decisions issued by the Appeals Court pursuant to Rule 1:28. In reporting these unpublished decisions, Massachusetts Lawyers Weekly reminds readers that the decisions may be cited for their persuasive value but not as binding precedent. Licenses and permits

• Lawyers USA
• October 06, 2009

• Compelling Mediation in the Context of Med-Arb Agreements

It is obvious to all who work in the alternative dispute resolution (ADR) field that the most important federal statute -- the Federal Arbitration Act (FAA) -- does not define its key term: "arbitration." A recent case, Advanced Bodycare v Thione, invited the 11th Circuit to explore which types of ADR processes are considered "arbitration" for purpose of the FAA. Under the 11th Circuit's narrow test, an agreement to mediate, as well as an agreement to mediate or arbitrate, falls outside of the scope of the FAA. There is a fundamental distinction between an ADR agreement that allows parties to either mediate or arbitrate disputes, and a classic med-arb agreement, which calls for mediation as a condition precedent to binding arbitration. While a med-arb agreement was not before the 11th C...

• Dispute Resolution Journal
• Vol. 63 Nbr. 3, August 2008

• U.S. Supreme Court Rules in Exclusionary Rule Case

The exclusionary rule does not preclude admission of evidence collected in a search conducted in objectively reasonable reliance on binding appellate precedent at the time, the U.S. Supreme Court has ruled. The defendant was a passenger in a car when it was pulled over and the driver was arrested for drunk driving.

• Lawyers USA
• June 23, 2011

• State v. Stewart, (Ohio 2011)

CRIMINAL LAW - sexual predator; Adam Walsh Act; basic constitutionality of new law as applied to an initial determination following conviction; prior precedent of this court still binding; guilty plea; Crim.R. 11(C) colloquy; effect of failure to advise defendant of right to testify at trial.

• Ohio Supreme Court

• Ohio's Public School Funding System: The Unanswered Questions and the Unresolved Problems of Derolph

Introduction. II. Background. A. U.S. Supreme Court: San Antonio Independent School District v. Rodriguez. B. Ohio Supreme Court. 1. Miller v. Korns. 2. Board of Education v. Walter. III. Recent Developments: DeRolph and the Advent of Change and Confusion. A. DeRolph I. B. DeRolph II. C. DeRolph III: Is the Third Time a Charm?. D. DeRolph IV. E. State ex. rel Lewis v. State (DeRolph V). F. The Plaintiffs Make an Unsuccessful Appeal to a Higher Authority. IV. Analysis. A. The Problem. B. A Question Left Unanswered: Is Education a Fundamental Right in Ohio?. 1. Precedent. 2. Constitutional History. 3. Non-Binding Precedent-Other States Interpretation of the Right. 4. What Are the Implications of Education Being Deemed a Fundamental Right?. a. Equal Benefit and Protection Clause...

• Capital University Law Review
• Nbr. 33-4, July 2005

• Mo. Vote Puts Health Care in Crosshairs

Missouri voters' overwhelming opposition to requiring nearly all Americans to buy health insurance puts one of the least popular parts of President Barack Obama's health care overhaul law back in the political crosshairs. Even if the vote sets no legally binding precedent, it will help mobilize foes of Obama's agenda in the fall midterm elections .

• The Commercial Appeal (2007-Current)
• August 05, 2010