Sentences with phrase «old precedent»

There is, interestingly, a much older precedent.
The case, which is currently before the Supreme Court and is expected to be decided by June, delves into a 40 - year - old precedent in which public sector unions can charge and collect dues from non-members who benefit from collective bargaining.
For example, some not too old precedents that I recently unearthed had *** rather than a programmed form field wherever text needed to be replaced in the document.
Courts, moreover, change in composition over time, which can undermine the reliability of older precedents.
Janus targets a 40 - year - old precedent set by Abood v. Detroit Board of Education, which permits allowing agency fees as a means to avoid a «free rider» problem: non-union members benefiting from union representation in contract negotiations, but not paying for that service.
There are even older precedents: Egyptian literature from the first century CE introduces Setna — a prince who raids tombs in search of a magical book.
In Watts v. Lester Cox Medical Centers (2012), the Missouri Supreme Court declared a state law limiting compensatory damages was unconstitutional and overruled a 20 - year - old precedent limiting the right to trial by jury.
And just last month, the U.S. Court of Appeals for the Second Circuit, which sits in Manhattan, cited that century - old precedent in rejecting a constitutional challenge to a New York law requiring that all kids attending public schools be vaccinated.
For example, some not too old precedents that I recently unearthed had *** rather than a programmed form field wherever text needed to be... [more]
The New Mexico Greens petitioned in 2012 so under the old precedent, it would have been on in 2014 as well.
The New Mexico Constitution Party is in the same situation, and is trying to raise money to sue to restore the old precedent.
In upholding that practice, the lawyers argued, the High Court should abandon a 20 - year - old precedent and replace it with a new test for evaluating whether a state action violates the U.S. Constitution's ban on a government establishment of religion.
The case «could overturn decades - old precedent and deal a potentially crippling blow to public sector unions.»
A victory by the plaintiffs would reverse a decades - old precedent, Abood...
The decision was based on a century - old precedent and said that public charter schools can not receive «common school» public funds because they are not overseen by elected boards.
Several of the conservative justices hinted during opening arguments that they might use the case to overturn a four - decades - old precedent that requires workers to pay dues if they benefit from a union's collective bargaining work, even if they don't officially join the union.
Now, in a new case brought by North Dakota's southern neighbor, the high court may be poised to overrule the 26 - year - old precedent.
Another drawback of using the old precedents is that they can make a drafter think that the 19th (often earlier) century phrasing is how law ought to sound.
With all eyes focused today on the new nominee to the Supreme Court, Sonia Sotomayor, and how she might change its future balance, the court as it is currently constituted let slip a zinger, reversing a 23 - year - old precedent that forbade police from initiating interrogation of a criminal defendant once the defendant has requested counsel at an arraignment or similar proceeding.
Brad represented the petitioner in Exxon Corp. v. Central Gulf Lines, Inc., 500 U.S. 603 (1991), in which the United States Supreme Court overruled its own 135 - year - old precedent and expanded federal admiralty jurisdiction in favor of his client.
There just isn't much there to justify overruling a 16 - year - old precedent and striking down 18 state laws.
In essence, Breyer said that even though junking the old precedents and following the new ones might make sense, the importance of following precedent, at least in this case, was more important.
But he also discussed somewhat related and more modern decisions that the petitioner, the gravel company, asserts have rendered the older precedents «anomalous.»
You can't rely on five - year - old precedents and clients are always looking to you to make agreements shorter and more understandable yet give them the same level of protection.
This isn't a field where you apply a checklist or load up an old precedent.
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