John Hasler wrote: [...] > I think that you would find that most lawyers would never cite an > overruled decision.
Except in the case of the appellate court being the CAFC and the subject matter being NOT patents and NOT something claimed against the United States government you retard... especially regarding utterly silly opinion produced by a District Court Judge sitting by designation. http://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Federal_Circuit http://en.wikipedia.org/wiki/United_States_Court_of_Claims See also: http://www.cafc.uscourts.gov/about.html "The Federal Circuit is unique among the thirteen Circuit Courts of Appeals. It has nationwide jurisdiction in a variety of subject areas, including international trade, government contracts, patents, trademarks, certain money claims against the United States government, federal personnel, veterans' benefits, and public safety officers' benefits claims." See also: http://www.ipwatchdog.com/2010/04/12/an-on-the-record-interview-with-cafc-judge-randall-rader/id=10115 "Rader: Yes. The job of an appellate Judge is to review a record for reversible error; to correct errors. In order to correct errors based on a record you need to understand the challenges of making a record, you need to understand the challenges of administering a trial and narrowing issues. As an example, I see very often in appellate practice where the losing case will seize on some minor issue and try and elevate that to an issue of great importance before the Court of Appeals when in fact all of the parties had dismissed it as of marginal significance when before the trial court. So the Appellate Court ends up considering and making decisions on something which was only marginally considered by the court below. It strikes me that we ought to be reviewing the decisions that were made below. We should not allow parties to present to us as if they were major decisions, things that were part of the narrowing exercise, which a trial court must necessarily do. The value of sitting as a trial judge is you can recognize this. When you have done it yourself you know what a challenge it is to narrow issues and have developed a record that reflects your accurate decisions. Quinn: I know in the CAFC and I think in other courts as well it also works in reverse, where some District Court Judges sit by designation. Has that been beneficial to you and for the Court as a whole? Rader: I think there have been two benefits to that. I think the District Judges themselves have seen the Federal Circuit in action and have become more acquainted with us and have gained more confidence in the work we do. I think it has worked in reverse as well. The Federal Circuit Judges have seen the District Judges and their marvelous preparation to work with us and have gained more confidence in them and their work. So it has been a wonderful institution strengthening exercise for both the District Courts and the Federal Circuit." LOL! http://www.cafc.uscourts.gov/opinions/08-1001.pdf "The Honorable Faith S. Hochberg, District Judge, United States District Court for the District of New Jersey, sitting by designation. [...] Thus, if the terms of the Artistic License allegedly violated are both covenants and conditions, they may serve to limit the scope of the license and are governed by copyright law. [...] Under California contract law, "provided that" typically denotes a condition." LOL! regards, alexander. P.S. "Every computer program in the world, BusyBox included, exceeds the originality standards required by copyright law." Hyman Rosen <hyro...@mail.com> The Silliest GPL 'Advocate' P.P.S. "Of course correlation implies causation! Without this fundamental principle, no science would ever make any progress." Hyman Rosen <hyro...@mail.com> The Silliest GPL 'Advocate' -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss