Unlike our practice right now, a single case was not enough to ascertain a specific rule of regulation, and case reporters often filtered out cases that they thought-about incorrect, or inconsistent with their view of how the law should develop. , 1258 (tenth Cir. 2001) (“[W]e have by no means held that the choices of our predecessor circuit [the former Eighth Circuit] are controlling on this court.”). The determination whether to adopt wholesale the circuit regulation of one other court is a matter of judicial policy, not a constitutional command. And, later in the nineteenth century, the West Company began to publish standardized case reporters, which had been each correct and comprehensive, making”it possible to publish in written kind all of the decisions of courts.”
But adopting a complete body of law, encompassing countless guidelines on issues wholly unrelated to the problems raised in a specific case, is a really … Read More