The preceding arguments for precedent presuppose that decision-makers can correctly ascertain the merits of the cases before them, but law of course operates under non-ideal conditions where decision-makers make mistakes and disagree among themselves about the merits of cases.
There is some precedent for arguments over e-book versions of backlist titles.
In the case of precedent this argument is said to favour following the earlier case: assuming that one cannot change the earlier decision (because it is too late to appeal, or the party to the case has reasonably relied upon it, etc), the only way to ensure consistency is for later decision-makers to treat the earlier decision as a precedent.
"I think that many students feel that we have been caught in the middle of a precedent-setting argument between CUPE 3903 and the university, where neither side was willing to budge and both were behaving badly," one undergraduate student at York University told Next Wave.
Zamora's interpretation of the law has precedent – the same arguments were used in 2004 by the then-county clerk in Sandoval, Victoria Dunlap, to issue marriage licences to 64 couples, before the state attorney ruled they were not valid.
The first of these questions was in fact posed in the form of a blog, written by the present author [26] and based on chemical precedent and entropic arguments.
Whatever you think of these arguments, precedent, in the form of a judicial opinion, is no longer needed.
Precedent and structural arguments led us to expect recognition of tRNA by aaRS Urzymes, even without the anticodon-binding domain, which is often considered a late addition [ 23].
Also, in the absence of an objective basis or precedent for judgment, arguments "for" and "against" can become increasingly polarized to the point where there seems to be no middle ground between the two sides.
There is some slender legal precedent for this argument, and the judge does indeed have the right to do it — and Mr. Bernick is a persuasive fellow.
