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Articles 1 - 18 of 18
Full-Text Articles in Jurisprudence
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. …
Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna
Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna
Scholarly Articles
Not available.
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Scholarly Articles
Politics' and pathology have converged to heighten speculation that Justice Ruth Bader Ginsburg's tenure on the Supreme Court is nearing its end. Even if the imminence of her retirement is greatly exaggerated, the time to reflect on Justice Ginsburg's lasting contribution to American constitutional law has arrived. Justice Ginsburg is best known for her long campaign to promote gender equality. Her successful advocacy on that issue before the Supreme Court throughout the 1970s led President Clinton to conclude, when announcing her nomination to fill Justice Byron White's vacated seat on the high court, that she is to the women's movement …
Maladies Of The Legal Soul: Psychoanalysis And Interpretation In Law, Peter Goodrich
Maladies Of The Legal Soul: Psychoanalysis And Interpretation In Law, Peter Goodrich
Washington and Lee Law Review
No abstract provided.
Juries, Judges And Democracy, (Reviewing Shannon C. Stimson, The American Revolution In The Law: Anglo-American Jurisprudence Before John Marshall (1990)), David K. Millon
Scholarly Articles
None available.
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.
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Scholarly Articles
None available.
Objectivity And Democracy, David K. Millon
Objectivity And Democracy, David K. Millon
Scholarly Articles
As a response to skepticism about the possibility of objectivity in legal decisionmaking conventionalism posits the shared understandings of the legal profession (about method and the implications of doctrine) as the source of constraint in legal interpretation. In this Article, Professor Millon argues that conventionalism's proponents have failed to offer an adequate account of interpretive constraint, but that conventionalism properly understood can nevertheless provide a useful perspective on the possibility of objectivity in legal interpretation. This account locates interpretive constraint in the practices of the legal profession as a whole, acting as an "interpretive community" or constituting a distinctive "language-game" …
Corrective Justice From Aristotle To Second Order Liability: Who Should Pay When The Culpable Cannot?, Kathryn R. Heidt
Corrective Justice From Aristotle To Second Order Liability: Who Should Pay When The Culpable Cannot?, Kathryn R. Heidt
Washington and Lee Law Review
No abstract provided.
Faith In The Republic: A Frances Lewis Law Center Conversation, Stanley Hauerwas, Sanford Levinson, Mark V. Tushnet
Faith In The Republic: A Frances Lewis Law Center Conversation, Stanley Hauerwas, Sanford Levinson, Mark V. Tushnet
Washington and Lee Law Review
No abstract provided.
Taking Needs Seriously: Observations On The Necessity For Constitutional Change, Arthur S. Miller
Taking Needs Seriously: Observations On The Necessity For Constitutional Change, Arthur S. Miller
Washington and Lee Law Review
No abstract provided.
Law In The Coming Years*, George D. Gibson
Law In The Coming Years*, George D. Gibson
Washington and Lee Law Review
No abstract provided.
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
Washington and Lee Law Review
No abstract provided.
Law And Conflict: Some Current Dilemmas, Hardy C. Dillard
Law And Conflict: Some Current Dilemmas, Hardy C. Dillard
Washington and Lee Law Review
No abstract provided.
Is Our Law Just?, Arthur L. Goodhart
Is Our Law Just?, Arthur L. Goodhart
Washington and Lee Law Review
No abstract provided.
The Principle And Price Of A Living Law, Joseph C. Hutcheson, Jr.
The Principle And Price Of A Living Law, Joseph C. Hutcheson, Jr.
Washington and Lee Law Review
No abstract provided.
The Law-As I See It, E. Barrett Prettyman
The Law-As I See It, E. Barrett Prettyman
Washington and Lee Law Review
No abstract provided.
"My Philosophy Of Law"-A Synthesis, Charles V. Laughlin
"My Philosophy Of Law"-A Synthesis, Charles V. Laughlin
Washington and Lee Law Review
No abstract provided.