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Decisionmaking In Patent Cases At The Federal Circuit, Jason Reinecke
Decisionmaking In Patent Cases At The Federal Circuit, Jason Reinecke
Washington and Lee Law Review
This Article provides the results of an empirical study assessing the impact of panel composition in patent cases at the Federal Circuit. The dataset includes 2675 three-judge panel-level final written decisions and Rule 36 summary affirmances issued by the Federal Circuit between January 1, 2014 and May 31, 2021. The study informs the longstanding debate concerning whether the Federal Circuit is succeeding as a court with nationwide jurisdiction in patent cases and provides insight into judicial decisionmaking more broadly. And several results show that many of the worst fears that commentators have about the Federal Circuit appear overstated or untrue. …
When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen
When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen
Washington and Lee Law Review
Influential theories of law have celebrated judicial reason-giving as furthering a host of democratic values, including judges’ accountability, citizens’ participation in djudication, and a more accurate and transparent decision-making process. This Article has two main purposes. First, it argues that although reason-giving is important, it is often in tension with other values of the judicial process, such as guidance, sincerity, and efficiency. Reason-giving must, therefore, be balanced against these competing values. In other words, judges sometimes have reasons not to give reasons. Second, contrary to common intuition, common law and civil law systems deal with this tension between reasons for …
Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells
Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells
Washington and Lee Law Review
No abstract provided.