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Thomas G. Moukawsher

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Archive for February 2023

Judges Should Avoid Herd Mentality and a Default to Precedent | Bloomberg Law

By Thomas Moukawsher | February 28, 2023 | 0

Judges know a lot about consensus. Consistency is an important attribute of a legal system. That’s why precedent from a higher court must be followed by a lower court. But sometimes judges go too far, treating like binding precedent anything other judges have said. They do this even when the other judge is their equal,…

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