Thursday, March 18, 2010

Persuasive Authority

Various debates rage over what authority may be cited to, or considered by, the courts.  Foriegn law?  Nonpublished opinions?  A common stance is to allow these sources to be cited and considered, but not as controlling -- only as persuasive authority.

What does that mean, "persuasive" authority?  Professor Chad Flanders tries to answer that here, notes the Legal Writing Profs Blog.