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Perhaps so, but the weight of precedent is growing.
"This court believes that the prevailing wage law could benefit the people of New York and does not see wisdom in the mayor's zeal for the possibility of welcoming to New York City a business that would pay its building service employees less than the prevailing wage," Justice Wright wrote, while adding that "whatever my sympathies," the weight of precedent was clearly on the administration's side.
Through what mechanisms does convention spread "by weight of precedent"?
On her view, a convention is a pattern of behavior reproduced within a population due largely to weight of precedent.
This notion is not itself elucidated, and as a result the notion of weight of precedent is left obscure in her account.
"The weight of precedent and reasoning goes so strongly against these cases," says Cupp, who would rather see a focus on animal welfare than animal rights.
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At the hearings, Judge Alito said he would keep an open mind about the weight of precedents in such cases, while confirming that his past writings represented his views at the time.
The ruling does not carry the weight of a precedent in court because arbitration panels generally are not bound to consider previous decisions.
"Despite the virtually unanimous consensus of legal scholars and the overwhelming weight of legal precedent that waterboarding is illegal," the senators wrote, "certain Justice Department officials, operating behind a veil of secrecy, concluded that the use of waterboarding is lawful.
But even without the weight of such precedent, it is hard to imagine that the superdelegates - the representatives of the party establishment - would readily reject the establishment candidate in order to nominate someone whose rhetoric has continually attacked "establishment politics".
Most of the Yankees and Red Sox we'd been watching carried an almost visible weight of expectation and precedent and prior exploit or failure with them whenever they stepped up to the plate or delivered a pitch, and looked wearied by it; as the Globe columnist Dan Shaughnessy put it, the uniform had become too heavy.
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