Stare Indecisis
Secondary Rules
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The Commonwealth's Concern in Williams Number Two
Justice Hayden said switching sides might indicate that the parties have not given sufficient thought to this matter. I think that's certainly what you are certainly accurately describing, Justice Hayden's concern. It reflects is that in our system, judges and courts rely so much on the submissions of the parties before them. They assemble those submissions, they weigh those submissions up against each other. And the contest, the fight between those arguments is seen as crucial to helping the judges reach their own decisions.
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