Doni...

There is a small pamphlet written many years ago by Justice Cardozo. It is called "THE NATURE OF JUDICIAL PROCESS"...

Google it; find it and read it...

It describes what you allude to in the following paragraph from your post:...

"Take unimportant prior technology of no real meaning, move it through the system as some form of adversarial contest, both parties associated, hoping to acquire rulings with new methods, meanings and interpretations, setting a new benchmark.

Then site them in a subsequent case as, see here....this is the latest of the law and rulings."...

It is called "JUDICIAL LEGELATION"...

GLTA...

Gil...