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Full-Text Articles in Jurisprudence
Historical Kinship And Categorical Mischief: The Use And Misuse Of Doctrinal Borrowing In Intellectual Property Law, Mark Bartholomew, John Tehranian
Historical Kinship And Categorical Mischief: The Use And Misuse Of Doctrinal Borrowing In Intellectual Property Law, Mark Bartholomew, John Tehranian
Journal Articles
Analogies are ubiquitous in legal reasoning, and, in copyright jurisprudence, courts frequently turn to patent law for guidance. From introducing doctrines meant to regulate online intermediaries to evaluating the constitutionality of resurrecting copyrights to works from the public domain, judges turn to patent law analogies to lend ballast to their decisions. At other times, however, patent analogies with copyright law are quickly discarded and differences between the two regimes highlighted. Why? In examining the transplantation of doctrinal frameworks from one intellectual property field to another, this Article assesses the circumstances in which courts engage in doctrinal borrowing, discerns their rationale …
Statutory Interpretation And Chevron Deference In The Appellate Courts: An Empirical Analysis, Amy Semet
Statutory Interpretation And Chevron Deference In The Appellate Courts: An Empirical Analysis, Amy Semet
Journal Articles
What statutory methods does an appellate court use in reviewing decisions of an administrative agency? Further, in doing this review, are appellate judges more likely to use certain statutory methods when they expressly cite the Chevron two-step framework than if they do not? This Article explores the answers to these questions using an original database of over 200 statutory interpretation cases culled from more than 2,500 cases decided in appellate courts reviewing National Labor Relations Board (NLRB or the Board) adjudications from 1994 through 2020. In particular, the study examined the use of text, language canons, substantive canons, legislative history, …
Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser
Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser
Buffalo Law Review
No abstract provided.
Beyond Cases: Reconsidering Judicial Review, Janet S. Lindgren
Beyond Cases: Reconsidering Judicial Review, Janet S. Lindgren
Journal Articles
No abstract provided.
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
Buffalo Law Review
No abstract provided.
The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman
The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman
Buffalo Law Review
No abstract provided.
Justiciability And Theories Of Judicial Review: A Remote Relationship, Lee A. Albert
Justiciability And Theories Of Judicial Review: A Remote Relationship, Lee A. Albert
Journal Articles
No abstract provided.
The Uniqueness Of The Warren And Burger Courts In American Constitutional History, P. Allan Dionisopoulos
The Uniqueness Of The Warren And Burger Courts In American Constitutional History, P. Allan Dionisopoulos
Buffalo Law Review
No abstract provided.
Ethics Of Advocacy, Alexander Holtzoff
Civil Law And Common Law Influences On The Developing Law Of Ethiopia, J. Vanderlinden
Civil Law And Common Law Influences On The Developing Law Of Ethiopia, J. Vanderlinden
Buffalo Law Review
No abstract provided.