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Full-Text Articles in Law
Judging Patents, Sapna Kumar
Judging Patents, Sapna Kumar
William & Mary Law Review
Patent litigation is regarded as the “neurosurgery of litigation.” To adjudicate these cases, judges must grasp complex technology underlying the claims at issue, notwithstanding the fact that many judges lack relevant science or technology backgrounds. This problem is compounded by the fact that judges generally lack access to neutral expertise, forcing them to rely upon party-hired experts for tutorials. By contrast, several European patent courts utilize technically qualified judges who work side by side with their legally trained counterparts to decide patent cases. The integration of technical expertise into the judiciary improves the speed of litigation, provides the court with …
Appellate Deference In The Age Of Facts, Kenji Yoshino
Appellate Deference In The Age Of Facts, Kenji Yoshino
William & Mary Law Review
This Article explores the question of how much appellate deference is due to “legislative” facts, or broad social facts about the world, established by the district courts. While it is axiomatic that “adjudicative” facts—which are the “whodunit” facts specific to a case—receive clear error deference on appeal, the Supreme Court has yet to address the degree of deference due to legislative facts. While the dominant view among appellate courts is that legislative facts should only receive de novo review, the practice of the courts has in actuality been much more fitful and inconsistent. The standard may be unsettled in part …
Friendly Precedent, Anthony Niblett, Albert H. Yoon
Friendly Precedent, Anthony Niblett, Albert H. Yoon
William & Mary Law Review
This Article explores which legal precedents judges choose to support their decisions.When describing the legal landscape in a written opinion, which precedent do judges gravitate toward? We examine the idea that judges are more likely to cite friendly precedent. A friendly precedent, here, is one that was delivered by Supreme Court Justices who have similar political preferences to the lower court judges delivering the opinion. In this Article, we test whether a federal Court of Appeals panel is more likely to engage with binding Supreme Court precedent when the political flavor of that precedent is aligned with the political composition …
Book Review Of The Role Of Courts In American Society: The Final Report Of The Council On The Role Of Courts, Doug Rendleman
Book Review Of The Role Of Courts In American Society: The Final Report Of The Council On The Role Of Courts, Doug Rendleman
William & Mary Law Review
No abstract provided.
Introduction To The Symposium "State Courts And Federalism In The 1980'S", John R. Pagan
Introduction To The Symposium "State Courts And Federalism In The 1980'S", John R. Pagan
William & Mary Law Review
No abstract provided.
The Case For Creating A Special Environmental Court System - A Further Comment, Scott C. Whitney
The Case For Creating A Special Environmental Court System - A Further Comment, Scott C. Whitney
William & Mary Law Review
No abstract provided.
The Case For Creating A Special Environmental Court System, Scott C. Whitney
The Case For Creating A Special Environmental Court System, Scott C. Whitney
William & Mary Law Review
No abstract provided.
State Appellate Courts And The Judicial Process: Written Obscenity, D. Grier Stephenson Jr.
State Appellate Courts And The Judicial Process: Written Obscenity, D. Grier Stephenson Jr.
William & Mary Law Review
No abstract provided.
Secrecy And The Supreme Court: Judicial Indiscretion And Reconstruction Politics, Peter Fish
Secrecy And The Supreme Court: Judicial Indiscretion And Reconstruction Politics, Peter Fish
William & Mary Law Review
No abstract provided.
Accident Claim Settlement - A Proposal To Eliminate Unnecesasry Delay, James P. Mcgeein
Accident Claim Settlement - A Proposal To Eliminate Unnecesasry Delay, James P. Mcgeein
William & Mary Law Review
No abstract provided.