Persuasive citation of legal authority is an essential part o... of authority, the role of courts and precedent; the use of pinpoint cites, parentheticals, and si... applicable law, whether the authority is binding or merely persuasive and the credibility attributa...
...Thus, the Johnson decision is not precedent for us to disregard a reasonable regulation, as Ke....1981) (en banc), this court adopted as binding precedent all of the decisions of the former Fifth... is not binding precedent, and is persuasive precedent only if a copy thereof is attached to th...
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 In reporting these unpublished decisions, Massachusetts Lawyers Weekly reminds readers that the decisions may be cited for their persuasive value but not as binding precedent.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
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 In reporting these unpublished decisions, Massachusetts Lawyers Weekly reminds readers that the decisions may be cited for their persuasive value but not as binding precedent.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
To avoid extinctions and other harms to ecological health from escalating climatic change, scientists, resource managers, and activists are considering and even engaging in "assisted migration" -- the intentional movement of an organism to an area in which its species has never existed. This article explores the profound implications of climate change for American natural resource management through the lens of this controversial adaptation strategy. It details arguments regarding the scientific viability and legality of assisted migration under the thicket of laws that govern natural resources in the US. The article explains why contemporary natural resource law's fidelity to historic baselines, protecting preexisting biota, and shielding nature from human activity is increasingly unte...
...This provision is not likely to be binding on the agency,124 and new nonnative species may be... argue that these provisions serve as persuasive guidance for allowing the introduction of non-nati..., there is at least some authority and precedent, though limited, for the FWS to engage in assisted...
... in time? One may assume that this precedent stands for the proposition that proposals remain v... that the Coleman precedent was not binding and that the Fourteenth Amendment action by Congre...Gloss construction is found persuasive, Congress would have constitutional standards to g...
PRECEDENTIAL. UNITED STATES COURT OF APPEALS. FOR THE TH... Pennsylvania Supreme Court opinions as binding precedent and Pennsylvania Superior Court opinionss as persuasive precedent. See Jewelcor Inc. v. Karfunkel, 517 F.3...
Single-sex education in public school systems has become increasingly popular in recent years. The Equal Rights Amendment to the Washington State Constitution (ERA) requires that males and females be treated equally where state action, such as public education, is involved. As demonstrated by the ERA's legislative history and Washington case law, the ERA prohibits differentiation on the basis of sex alone, which occurs where an individual would be treated differently in a given situation if that person were of the opposite sex. Legislative history and case law recognize two narrow exceptions to the ERA. Under the first exception, classification based on sex is permissible if it is based on actual physical differences between the sexes. The second exception allows sex-based distinctions ...
... legislative history, and disregards both binding and persuasive judicial precedent.20 But for a par...
... "strips the decision below of its bindingeffect," Deakins v. Monaghan, 484 U. S. 193, 200, and cle... "the development of constitutional precedent" andthe promotion of law-abiding behavior. Pearson... Experience teaches that there is no persuasive reason to reverse normal principles of judicial re...
... the power to take actions that are binding on states in response to threats to international ... the Al-Jedda (93) case established a precedent "that article 103 (of the U.N. Charter) leaves no ... such an obligation are supported by persuasive arguments. These include the doctrine of implied d...
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