What happens when federal appeals judges break out of their own circuit’s bubble? A closer look reveals a fascinating web of influence that could reshape the future of federal law
One explanation for the First Circuit use of other circuit precedents might be that its case load has been lighter than other circuits for many years and thus it lacks First Circuit precedent in areas that larger circuits have precedents. I would think that might be true for the Tenth Circuit (and perhaps others) as well, but I don't have as clear a grasp of the relative workloads.
Good point. Smaller circuits very well may be incentivized to apply larger circuits' precedents, especially when there is a gap in the smaller circuit's case law.
The case is hyperlinked. Costco is another named party in the case and is often the entity discussed. I'll take a look again and see if it makes sense to clarify that in the text.
One explanation for the First Circuit use of other circuit precedents might be that its case load has been lighter than other circuits for many years and thus it lacks First Circuit precedent in areas that larger circuits have precedents. I would think that might be true for the Tenth Circuit (and perhaps others) as well, but I don't have as clear a grasp of the relative workloads.
Good point. Smaller circuits very well may be incentivized to apply larger circuits' precedents, especially when there is a gap in the smaller circuit's case law.
I’m a bit confused about the first case cited: Kress v. Walmart … how does Costco fit in?
The case is hyperlinked. Costco is another named party in the case and is often the entity discussed. I'll take a look again and see if it makes sense to clarify that in the text.
Absolutely fascinating! (Ab Fas?) Your Lotus 1-2-3 app must be taking a well-deserved rest.
Lotus...it's been a few years. Now mostly in R and python.
Excellent! I just got a princess phone … so we’re moving up! Next, my own Dick Tracy watch (amazingly, a reality!).