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April 28, 2006



His Court's decisions only have legal precedent value in that district, so judges outside central Pennsylvania can't cite the Dover verdict when making similar decisions.

Minor legal quibble on an otherwise fascinating post about Judge Jones' talk. It isn't accurate to say that the decision is precedent within the Middle District of Pennsylvania, but "can't" be cited in other districts. It can and undoubtedly will) be cited elsewhere as "persuasive" authority.

(Actually, it isn't even binding "precedent" in the Middle District in the same way a decision by the Third Circuit would be. Other district court judges can decide to reach a different result, though I can't imagine how they would justify that in light of Judge Jones's very careful and thorough analysis.)


I am not a lawyer, so I'm glad of that little clarification. I was just quoting what Jones himself said and possibly misunderstood him.


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    Diane Kelly is a Senior Research Fellow at the University of Massachusetts, Amherst, where she studies the neural wiring and mechanical engineering of reproductive systems.
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