08-20-2018, 08:31 AM | #196 | |||
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08-20-2018, 09:06 AM | #197 | |
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08-20-2018, 11:50 AM | #198 | |
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Once a precedent is set, don't the future courts consider the precedent, so an appeal would need to be on some other aspect of the law? In case it isn't apparent, IANAL. Last edited by John F; 08-20-2018 at 11:53 AM. |
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08-20-2018, 01:04 PM | #199 |
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08-20-2018, 01:22 PM | #200 | |
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In theory, once a precedent is set, then it is suppose to bind the lower courts until it is overturned. In reality, various judges will try to evade the precedence by trying to claim that the precedence doesn't apply in a specific case. One sees this going on right now in the court system with regards to gun control. Every so often, you might see a judge defy the superior court and get slapped down. It's rarely quite so blatant, but it happens sometimes. I would point out that cases would never be overturned if someone didn't challenge the ruling. For example the Leegin decision overturned a precedent that was set back close to a century before. Last edited by pwalker8; 08-20-2018 at 01:25 PM. |
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08-20-2018, 09:46 PM | #201 | |
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I'm not going to bother correcting your misunderstandings of Leegin, which are quite obvious if you read (and understand) the majority judgement. Unfortunately your errors and misunderstandings in this area are so many that I simply aren't inclined at the moment to expend any further time in trying to correct them. One of the great things about these forums is that we can test our views and sometimes even bring ourselves to correct them when obviously in error. Please think about it. Last edited by darryl; 08-20-2018 at 09:52 PM. |
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08-21-2018, 10:10 AM | #202 | |
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I find his topic really stimulating, and confess that I don’t understand it that well. I really wish you would help explain it better. Unfortunately, I only have half an argument to form my own opinion on now. But the thing that jumped out at me above is that aren’t is a contraction of ‘are not’. Your English seems fine but you wouldn’t say I aren’t inclined; you would say I am not inclined. In which case you should contract ‘I’ and ‘am’ to “I’m not inclined...” Sally on... |
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08-21-2018, 07:52 PM | #203 | |
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Thank you for pointing out my incorrect use of "aren't" in this instance. I'd like to think my spelling and grammar are usually very good but sadly I do make mistakes and even have some persistent bad habits. Last edited by darryl; 08-21-2018 at 08:02 PM. |
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08-21-2018, 10:11 PM | #204 | |
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2. You would not be human if you did not "make mistakes and even have some persistent bad habits" in your English. I certainly do and I am a well read, well educated Englishman. And do not even get me started on Americans calling what they speak English! |
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08-22-2018, 05:55 AM | #205 |
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08-22-2018, 09:00 AM | #206 |
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08-22-2018, 09:11 AM | #207 |
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08-22-2018, 10:43 AM | #208 |
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08-22-2018, 04:37 PM | #209 | |
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Sure a lot of posters here feel they were harmed, but are you harmed because you can't by an iPhone for what you pay for a cheap Korean, Chinese or Indian smart phone? That doesn't even go into the idea (which is central to Jacob's point) that when a monopoly has 90% of the market, then any competition is likely to help the consumer long term. The most famous anti-trust suit in US history was Standard Oil, who would sell oil at a loss in markets where they had competition, while using profits in markets without competition to subsidize the practice. Maybe Jacobs just knows his history a little bit better. (just as a note, at that time we are talking about Kerosene rather than gasoline since there were few cars at the time). |
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08-22-2018, 08:43 PM | #210 |
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