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11,128 full-text articles. Page 6 of 215.

A Functional Approach To Judicial Review Of Ptab Rulings On Mixed Questions Of Law And Fact, Rebecca S. Eisenberg 2019 University of Michigan Law School

A Functional Approach To Judicial Review Of Ptab Rulings On Mixed Questions Of Law And Fact, Rebecca S. Eisenberg

Articles

The Court of Appeals for the Federal Circuit (“Federal Circuit”) has long relied on active appellate review to bring uniformity and clarity to patent law. It initially treated the PTO the same as the federal district courts, reviewing its factual findings for clear error and its legal conclusions de novo. Following reversal by the Supreme Court in Dickinson v. Zurko, the Federal Circuit began giving greater deference to PTO factual findings. But it continued to review the PTO’s legal conclusions de novo, while coding an expansive list of disputed issues in patent cases as legal conclusions, even when they ...


The Effect Of Legislation On Fourth Amendment Protection, Orin S. Kerr 2019 George Washington University Law School

The Effect Of Legislation On Fourth Amendment Protection, Orin S. Kerr

Orin Kerr

When judges interpret the Fourth Amendment, and privacy legislation regulates the government’s conduct, should the legislation have an effect on the Fourth Amendment? Courts are split three ways. Some courts argue that legislation provides the informed judgment of a coequal branch that should influence the Fourth Amendment. Some courts contend that the presence of legislation should displace Fourth Amendment protection to prevent constitutional rules from interfering with the legislature’s handiwork. Finally, some courts treat legislation and the Fourth Amendment as independent and contend that the legislation should have no effect. This Article argues that courts should favor interpreting ...


The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger 2019 University at Buffalo School of Law

The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger

Robert S. Berger

No abstract provided.


Judicial Proposals To Limit The Jurisdictional Scope Of Federal Post-Conviction Habeas Corpus Consideration Of The Claims Of State Prisoners, R. Nils Olsen Jr. 2019 University at Buffalo School of Law

Judicial Proposals To Limit The Jurisdictional Scope Of Federal Post-Conviction Habeas Corpus Consideration Of The Claims Of State Prisoners, R. Nils Olsen Jr.

R. Nils Olsen, Jr.

No abstract provided.


Establishment Of Religion Supreme Court Appellate Division Third Department, 2019 Touro College Jacob D. Fuchsberg Law Center

Establishment Of Religion Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Equal Protection Supreme Court Appellate Division Third Department, 2019 Touro College Jacob D. Fuchsberg Law Center

Equal Protection Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Rockland County, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Supreme Court Rockland County

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Third Department, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Second Department, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.


Due Process Pringle V. Wolfe (Decided 28, 1996), 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Pringle V. Wolfe (Decided 28, 1996)

Touro Law Review

No abstract provided.


Due Process People V. Scott (Decided June 5, 1996), 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process People V. Scott (Decided June 5, 1996)

Touro Law Review

No abstract provided.


Due Process Court Of Appeals, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Court Of Appeals

Touro Law Review

No abstract provided.


Supreme Court Queens County, 2019 Touro College Jacob D. Fuchsberg Law Center

Supreme Court Queens County

Touro Law Review

No abstract provided.


Double Jeopardy, 2019 Touro College Jacob D. Fuchsberg Law Center

Double Jeopardy

Touro Law Review

No abstract provided.


Double Jeopardy Supreme Court Appellate Division Second Department, 2019 Touro College Jacob D. Fuchsberg Law Center

Double Jeopardy Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


Double Jeopardy, 2019 Touro College Jacob D. Fuchsberg Law Center

Double Jeopardy

Touro Law Review

No abstract provided.


Social Theory And Judicial Choice: Damages And Federal Statutes, Janet S. Lindgren 2019 University at Buffalo School of Law

Social Theory And Judicial Choice: Damages And Federal Statutes, Janet S. Lindgren

Janet Lindgren

No abstract provided.


To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller 2019 Washington and Lee University School of Law

To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller

Russell A. Miller

Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book ...


Foreword: Some Puzzles Of State Standing, Tara L. Grove 2019 William and Mary Law School

Foreword: Some Puzzles Of State Standing, Tara L. Grove

Notre Dame Law Review

When should states have standing? In recent years, there has been an explosion in literature on that question. Yet, even today, there seem to be as many questions as answers. In this Foreword to the Notre Dame Law Review's 2019 Federal Courts, Practice, and Procedure Symposium on state standing, I discuss a few such puzzles. First, should states have “special” standing when they sue the federal government—that is, greater access to federal court than private parties? Second, and conversely, should states have at least “equal” access to federal court, or should they face more barriers than private parties ...


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