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The constitutional system of case law and precedent applies rulings on rights universally.
On the other hand, on a strict reading of the Princess Caroline decision, this appeared to be a breach of article 8. The House of Lords has recently stated that where there appears to be an inconsistency between decisions of a higher court in the UK and of the Strasbourg court, the rule of precedent applies.
It is agreed on all sides that if two cases are the same then the precedent applies, whereas if they are different it does not.
Yet the government offers no explanation of how the precedent applies but instead just plops it in the brief, as if invoking it magically authorizes all conduct involving third parties.
Since the 1990s, however, controversy has arisen over the longstanding practice of granting automatic citizenship to U.S.-born children of illegal immigrants, and legal scholars disagree over whether the Wong Kim Ark precedent applies when alien parents are in the country illegally.
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The Courts precedent applying FELA provides the answer.
Does the precedent apply to cases involving subpoenas for presidential testimony as well as documentary evidence in the president's possession, custody, and control?
The precedent applied by Justice Scalia in the Arlington case was Chevron U.S.A. v. Natural Resources Defense Council, in which the court held that courts must defer to an agency's interpretation of its statutory jurisdiction unless it exceeds the specific bounds set by Congress.
But the precedent applied only where the wrongdoer was a cop or other government agent.
The decision is based upon longstanding U.S. Supreme Court precedent applying the common law of fraud to federal fraud statutes, which penalize schemes to fraud as well as successful ones.
Whether these precedents apply with equal force to large-scale nationalization has not yet been settled by any international tribunal.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com