When new interpretations deviate from the old, and those deviations become entrenched, this comparatively new precedent and a commitment to the old can be in real tension.
As originalism rose to prominence, its relationship to precedent became an issue.
14) Correspondingly, lower courts' common law power to disavow or limit higher court precedent allows lower courts to respond to "changed conditions" when "convinced that the rule was originally erroneous or is no longer sound.
22) Randy Kozel similarly has spoken of the "inclusive view" of precedent where even "[generalized, sweeping, and unnecessary propositions commonly exert forward-looking effect.
The effect also occurs when examining the individual judge authoring the unanimous opinion: Republican-appointed authors cite more conservative precedent than Democratic-appointed authors.
Panel composition similarly influences judges' use of unfavorable Supreme Court precedent.
The inclusive definition of precedent is on display when the Supreme Court defers to a wide-ranging doctrinal framework in applying the Bill of Rights against the states.
In some situations, broad interpretations of precedent are arguably consistent with the black-letter definition of judicial holdings as propositions that are "necessary" to a case's result.
Relative Social Capital: Distance From and Isomorphic to the Precedent of Alliances at IPO
In turn, the specific templates used to evaluate a firm's relative legitimacy are prone to formalization and perpetuation (Bitektine, 2011; Meyer & Rowan, 1977), such as the criteria for comparing a firm's social capital to the strategic precedent.
Instead, it is to show how decisions that are formally non-precedential can, in practice, end up playing the role of precedent.
Finally, where Second Circuit precedent had talked of the social group's visibility, (30) the Romero test required the group's shared characteristic to be socially visible.