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Re: Compliance detection tool

From: John Hasler
Subject: Re: Compliance detection tool
Date: Tue, 20 Apr 2010 10:20:17 -0500
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1 (gnu/linux)

David Kastrup writes:
> Let's be fair.  An overruled court decision (even if it does not
> change the consequences, namely the necessity to comply) is better
> than nothing.

No, it's worse than nothing.  With nothing you are only arguing against
your opponent.  With a overruled decision you are arguing against an
appellate court.  The latter is far more authoritative even if the
precedent is not binding.

I think that you would find that most lawyers would never cite an
overruled decision.
John Hasler
Dancing Horse Hill
Elmwood, WI USA

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