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Old Sat Jan 08, 2005, 10:13am
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Join Date: Aug 2000
Posts: 768
Quote:
Originally posted by Rich Ives
Please don't take this personally, it is meant to be comments in general.

MLBUM ruling is "new law"

Nope, just an overturned ruling by a higher court.

If you're only arguing semantics, fine, call it a higher court ruling instead of new law.

But the difference between the ruling under discussion and your additional examples is that the MLBUM ruling directly and explicitly contradicts a BLACK LETTER ruling contained in another published, authoritative reference. Your other examples merely clarify/contradict matters of custom and practice that had not previously been ruled on in writing, in published sources.

Consequently, the MLBUM ruling that contradicts the written PBUC ruling constitutes a new ruling, i.e. "new law," that is an order of magnitude higher than any ruling that simply settles or clarifies a point of ambiguity that has not previously been addressed in the literature.
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