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Full-Text Articles in Law
Consenting To Adjudication Outside The Article Iii Courts, F. Andrew Hessick
Consenting To Adjudication Outside The Article Iii Courts, F. Andrew Hessick
Vanderbilt Law Review
Article III confers the judicial power on the federal courts, and it provides the judges of those courts with life tenure and salary guarantees to ensure that they decide disputes according to law instead of popular pressure. Despite this careful arrangement, the Supreme Court has not restricted the judicial power to the Article III courts. Instead, it has held that Article I tribunals-whose judges do not enjoy the salary and tenure guarantees provided by Article III-may adjudicate disputes if the parties consent to the tribunals' jurisdiction. This consent exception provides the basis for thousands of adjudications by Article I judges …
Can A Court Change The Law By Saying Nothing?, Paul R. Gugliuzza, Mark A. Lemley
Can A Court Change The Law By Saying Nothing?, Paul R. Gugliuzza, Mark A. Lemley
Vanderbilt Law Review
Can an appellate court alter substantive law without writing an opinion? We attempt to answer that question by conducting a novel empirical investigation into how the Federal Circuit has implemented the Supreme Court's 2014 ruling in Alice v. CLS Bank, the most recent in a series of Supreme Court decisions strengthening patent law's patentable subject matter requirement. Our dataset includes each one of the Federal Circuit's more than 100 decisions on patentable subject matter in the three years since Alice, including affirmances issued without an opinion under Federal Circuit Rule 36. Including those no-opinion affirmances, the Federal Circuit has found …
The Origins (And Fragility) Of Judicial Independence, Tara L. Grove
The Origins (And Fragility) Of Judicial Independence, Tara L. Grove
Vanderbilt Law Review
We hold certain truths of the federal judiciary to be self-evident. Article III judges are entitled to life tenure and salary protections, and cannot be removed outside the impeachment process.' Political actors must comply with federal court orders. And "packing" the Supreme Court is wrong. These assumptions are so deeply ingrained in our public consciousness that it rarely occurs to anyone to question them. But a closer look reveals that these "truths" are neither self- evident nor necessary implications of our constitutional text, structure, and history. Instead, these rules of our federal judiciary have emerged over time through the rough …