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Articles 1 - 9 of 9
Full-Text Articles in Law
Court Competition For Patent Cases, Jonas Anderson
Court Competition For Patent Cases, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
The traditional academic explanation for forum shopping is simple: litigants prefer to file cases in courts that offer some substantial advantage — either legal or procedural — over all other courts. But the traditional explanation fails to account for competition for litigants among courts. This Article suggests that forum shopping in patent law is driven in part by the creation of procedural and administrative distinctions among courts that are designed to attract, or in some cases to repel, patent litigants.
This Article makes two primary contributions to the literature, one theoretical and one normative. First, it theorizes that judicial competition …
2014 Patent Law Decisions On Key Issues At The Federal Circuit, Olivia T. Luk, Palash Basu, Ryan Dooley, Charles Green, Brian E. Haan
2014 Patent Law Decisions On Key Issues At The Federal Circuit, Olivia T. Luk, Palash Basu, Ryan Dooley, Charles Green, Brian E. Haan
American University Law Review
No abstract provided.
Around The Nation, Jonathan Yunes
Human Rights Hero: The Supreme Court In Griswold V. Connecticut, Stephen Wermiel
Human Rights Hero: The Supreme Court In Griswold V. Connecticut, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent On The Meaning Of Federal Law?, Amanda Frost
Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent On The Meaning Of Federal Law?, Amanda Frost
Articles in Law Reviews & Other Academic Journals
The conventional wisdom is that state courts need not follow lower federal court precedent when interpreting federal law. Upon closer inspection, however, the question of how state courts should treat lower federal court precedent is not so clear. Although most state courts now take the conventional approach, a few contend that they are obligated to follow the lower federal courts, and two federal courts of appeals have declared that their decisions are binding on state courts. The Constitution’s text and structure send mixed messages about the relationship between state and lower federal courts, and the Supreme Court has never squarely …
The Downfall Of Auer Deference: Veterans Law At The Federal Circuit In 2014, Victoria Hadfield Moshiashwili
The Downfall Of Auer Deference: Veterans Law At The Federal Circuit In 2014, Victoria Hadfield Moshiashwili
American University Law Review
No abstract provided.
2014 International Trade Law Decisions Of The Federal Circuit, Jennifer S. Huber, Simon G. Courtman
2014 International Trade Law Decisions Of The Federal Circuit, Jennifer S. Huber, Simon G. Courtman
American University Law Review
No abstract provided.
Griswold And Its Surroundings: The 1963, '64, And '65 Terms, L.A. Powe
Griswold And Its Surroundings: The 1963, '64, And '65 Terms, L.A. Powe
American University Law Review
No abstract provided.
2014 Trademark Law Decisions Of The Federal Circuit, Jonathan M. Gelchinsky
2014 Trademark Law Decisions Of The Federal Circuit, Jonathan M. Gelchinsky
American University Law Review
No abstract provided.