Volokh guys are discussing appellate procedure (the stare decisis effect of panel decisions on later panels, to be exact), but a more in-depth discussion of this same question ocurred at How Appealing a few months ago relating to this Fourth Circuit decision involving some people jet skiing over a dam (the Robert C. Byrd dam to be exact, named after you-know-who. I bet he logrolled the appropriations for the dam too) because of improper signage. The case was just granted rehearing en banc, so they'll be more discussion to come.