Timeline for Can a White Person sue for Discrimination after being Fired for using the N-Word?
Current License: CC BY-SA 4.0
11 events
| when toggle format | what | by | license | comment | |
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| Jul 26, 2020 at 0:26 | comment | added | George White | Something that does not lead to, explain or justify the ruling is dicta. The holding, the outcome of the case and the logic for it, can set precedent. In this case the judge is explaining the logic he might use in a completely different case that is not before him - dicta. As you say, this does not bear on the facts of the case at hand. | |
| Jul 25, 2020 at 21:53 | history | edited | Just a guy | CC BY-SA 4.0 |
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| Jul 25, 2020 at 16:15 | comment | added | Just a guy | @RossRidge Excellent point! As you say: There is almost always more than one way for a judge to skin the legal cat. Just ask the three justices who dissented in Bostock. In this case, I think the underlying law is so well settled that it'd be hard for another judge to interpret it differently. Indeed, that's my point about Bostock: The wording that caught Oliver's attention is not new law, so his friend doesn't need Bostock to claim discrimination. | |
| Jul 25, 2020 at 4:39 | comment | added | Ross Ridge | @Oliver Plenty of smart judges have come to various different conclusions on how to interpret the same law I wouldn't assume other judges would necessarily see that this must be the correct legal understanding. | |
| Jul 25, 2020 at 3:49 | history | edited | Just a guy | CC BY-SA 4.0 |
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| Jul 24, 2020 at 17:22 | comment | added | Just a guy | @Oliver Good point! District Court decisions only bind lower specialty courts (bankruptcy, etc) in their district. However, they do still provide precedent. I'm not sure I would say this is dicta, which in law usually refers to judicial "editorializing," comments on legal issues that do not bear directly on the case at hand. | |
| Jul 24, 2020 at 15:29 | history | edited | Just a guy | CC BY-SA 4.0 |
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| Jul 24, 2020 at 14:24 | comment | added | Oliver | Although I question the binding nature of dicta in a district court ruling in another state, this answer provided a compelling contribution to the discourse. Also, judges are, by nature, smart. So this must be the correct legal understanding. | |
| Jul 24, 2020 at 14:18 | vote | accept | Oliver | ||
| Jul 24, 2020 at 1:10 | history | edited | Just a guy | CC BY-SA 4.0 |
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| Jul 24, 2020 at 0:40 | history | answered | Just a guy | CC BY-SA 4.0 |