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Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller 2010 Northwestern University School of Law

Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller

Faculty Working Papers

In this paper, we aim to better understand the institutional authority of the Federal Circuit as a source of law as well as the influence of pro-patent and anti-patent ideological forces at play between the Supreme Court, Federal Circuit, and the district courts. Our specific focus is on the district courts and how they cite Federal Circuit precedent relative to Supreme Court precedent to support their decisions, whether they be pro-patent or anti-patent. Using a variety of citation approaches and statistical tests, we find that federal district courts treat the Federal Circuit as more authoritative (compared to the Supreme Court ...


The Macroeconomic Court: Rhetoric And Implications Of New Deal Decision-Making, Nancy Staudt, Yilei He 2010 Northwestern University School of Law

The Macroeconomic Court: Rhetoric And Implications Of New Deal Decision-Making, Nancy Staudt, Yilei He

Faculty Working Papers

Supreme Court scholars have long discussed and debated the dramatic shift in constitutional decision-making that took place in the late 1930s—a shift that led the Justices to presume the constitutionality of any and all commercial statutes no matter how "preposterous" they might seem. The conventional wisdom holds that the Supreme Court altered its decision-making calculus to avoid the consequences of President Roosevelt's "court-packing plan," but various other explanations have also emerged in the literature over time. In this Article, Professor Staudt and Ms. He investigate an explanation that scholars and commentators have largely ignored: the role of the ...


Methodological Advances And Empirical Legal Scholarship: A Note On The Cox And Miles' Voting Rights Act Study, Nancy Staudt, Tyler VanderWeele 2010 Northwestern University School of Law

Methodological Advances And Empirical Legal Scholarship: A Note On The Cox And Miles' Voting Rights Act Study, Nancy Staudt, Tyler Vanderweele

Faculty Working Papers

In this Response, we use Professors Cox and Miles' recent study of judicial decision-making to explore what is at stake when legal scholars present empirical findings without fully investigating the structural relationships of their data or without explicitly stating the assumptions being made to draw causal inferences. We then introduce a new methodology that is intuitive, easy to use, and, most importantly, allows scholars systematically to assess problems of bias and confounding. This methodology—known as causal directed acyclic graphs—will help empirical researchers to identify true cause and effect relationships when they exist and, at the same time, posit ...


Economic Trends And Judicial Outcomes: A Macrotheory Of The Court, Thomas Brennan, Lee Epstein, Nancy Staudt 2010 Northwestern University School of Law

Economic Trends And Judicial Outcomes: A Macrotheory Of The Court, Thomas Brennan, Lee Epstein, Nancy Staudt

Faculty Working Papers

In this symposium essay, we investigate the effect of economic conditions on the voting behavior of U.S. Supreme Court Justices. We theorize that Justices are akin to voters in political elections; specifically, we posit that the Justices will view short-term and relatively minor economic downturns—recessions—as attributable to the failures of elected officials, but will consider long-term and extreme economic contractions—depressions—as the result of exogenous shocks largely beyond the control of the government. Accordingly, we predict two patterns of behavior in economic-related cases that come before the Court: (1) in typical times, when the economy cycles ...


The Irrepressible Myth Of Klein, Howard M. Wasserman 2010 Florida International University College of Law

The Irrepressible Myth Of Klein, Howard M. Wasserman

Faculty Publications

The Reconstruction-era case of United States v. Klein remains the object of a “cult” among commentators and advocates, who see it as a powerful separation of powers precedent. In fact, Klein is a myth—actually two related myths. One is that it is opaque and meaninglessly indeterminate because, given its confusing and disjointed language, its precise doctrinal contours are indecipherable; the other is that Klein is vigorous precedent, likely to be used by a court to invalidate likely federal legislation. Close analysis of Klein, its progeny, and past scholarship uncovers three identifiable core limitations on congressional control over the workings ...


Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh 2010 Indiana University Maurer School of Law

Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


Judging Cercla: An Empirical Analysis Of Circuit Court Decision-Making, Clifford Chad Henson 2010 University of Illinois at Urbana-Champaign

Judging Cercla: An Empirical Analysis Of Circuit Court Decision-Making, Clifford Chad Henson

Clifford Chad Henson

Abstract: Political scientists, and increasingly legal scholars, have become skeptical of judges’ attempts to explain decisions based exclusively on applying fact to law, and have attempted to identify factors that influence judicial decision-making. This study isolates a set of cases dealing with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and identifies variable sets corresponding to factors one would expect to be significant under competing models of judicial decision-making. While both the legal and extra-legal model independently explain some judicial decision-making, the legal model has more explanatory power and adds significantly to the explanatory power of the extra-legal ...


No Good Deed Goes Unpublished: Precedent-Stripping And The Need For A New Prophylactic Rule, Edward Cantu 2010 n/a

No Good Deed Goes Unpublished: Precedent-Stripping And The Need For A New Prophylactic Rule, Edward Cantu

Edward Cantu

This paper addresses the “open secret” that federal appellate courts often strip their opinions of precedential value as a means to forgo fair, principled and/or thorough adjudication of issues raised in appeals. Is there a basis in contemporary constitutional doctrine for a presumption that appellants suffer constitutional injury when courts dispose of their appeals using non-precedential opinions? The author answers “yes.” The argument centers on case law establishing so-called “constitutional prophylactic rules,” which work to “overprotect” a given core right—that is, to create a presumption of constitutional injury without proof of it—when such is the only effective ...


Por Uma Teoria Da Narratologia Jurídica: De Que Modo A Teoria Literária Pode Servir À Compreensão E Crítica Do Direito, Douglas Antônio Rocha Pinheiro 2010 Federal University of Goias - Brazil

Por Uma Teoria Da Narratologia Jurídica: De Que Modo A Teoria Literária Pode Servir À Compreensão E Crítica Do Direito, Douglas Antônio Rocha Pinheiro

Douglas Antônio Rocha Pinheiro

From historian Carlo Ginzburg’s use of dialogism in the analysis of inquisitorial papers, especially in the "benandanti" case, the article aims to discuss the possibility of a legal reading based on the categories related to literary theory, above all those Mikhail Bakhtin holds, as well as their capacity to provide a new reflection on the legal phenomenon.


Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa R. Hart 2010 University of Colorado at Boulder

Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa R. Hart

Melissa R Hart

No abstract provided.


Impartiality: Balancing Personal And Professional Integrity In Judicial Decisionmaking, Sarah M. R. Cravens 2010 University of Akron School of Law

Impartiality: Balancing Personal And Professional Integrity In Judicial Decisionmaking, Sarah M. R. Cravens

Sarah M. R. Cravens

No abstract provided.


Let My People Go: Ethnic In-Group Bias In Judicial Decisions – Evidence From A Randomized Natural Experiment, Oren Gazal-Ayal, Raanan Sulitzeanu-Kenan 2010 Faculty of Law, University of Haifa

Let My People Go: Ethnic In-Group Bias In Judicial Decisions – Evidence From A Randomized Natural Experiment, Oren Gazal-Ayal, Raanan Sulitzeanu-Kenan

Oren Gazal-Ayal

Does ethnic identity affect judicial decisions? We provide new evidence on ethnic biases in judicial behavior, by examining the decisions of Arab and Jewish judges in first bail hearings of Arab and Jewish suspects in Israeli courts. Our setting avoids the potential bias from unobservable case characteristics by exploiting the random assignment of judges to cases during weekends, and by focusing on the difference in ethnic disparity between Arab and Jewish judges. The study concentrates on the early-stage decisions in the judicial criminal process, controlling for the state's position, and excluding agreements, thereby allowing us to distinguish judicial bias ...


Judicial Independence In East Asia: Implications For China, Tom Ginsburg 2010 University of Chicago

Judicial Independence In East Asia: Implications For China, Tom Ginsburg

Tom Ginsburg

This chapter explores the experience of China’s East Asian neighbors with regard to judicial independence, with an eye toward drawing lessons for China’s own reforms. Japan, Korea and Taiwan collectively provide a useful vantage point to examine developments in China because their rapid growth from the 1950s through the 1990s represents that greatest sustained example of rapid growth in world history. The only comparable period of growth is that of contemporary China, now nearing the end of its third decade. The East Asian cases are also relevant to China because the countries in the region share certain cultural ...


Striking An Efficient Balance: Making Sense Of Antitrust Standing In Class Action Certification Motions, Kelly J. Bozanic 2010 The Pennsylvania State University, Dickinson School of Law

Striking An Efficient Balance: Making Sense Of Antitrust Standing In Class Action Certification Motions, Kelly J. Bozanic

Kelly J. Bozanic

Class actions are powerful litigation devices, especially in antitrust cases. Plaintiffs who otherwise would not have the economic incentive to pursue judicial redress are vested with status as equal players in the commercial marketplace. The aims of both the antitrust laws and Rule 23(b)(3) of the Federal Rules of Civil Procedure are served through class actions, yet class actions also bear the potential of negatively impacting the consuming public. This is so, because district court judges considering certification motions face seemingly contradictory standards when it comes to certifying an antitrust class. As a result, plaintiff classes are often ...


Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical Malpractice Claims In Florida, Mirya R. Holman, Neil Vidmar 2010 Florida Atlantic University

Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical Malpractice Claims In Florida, Mirya R. Holman, Neil Vidmar

Mirya R Holman

The public image of medical malpractice cases is one of a courtroom, with an injured plaintiff, lawyers, and a judge. However, the reality of malpractice claims is very different. Approaching the study of alternative dispute resolution methods for medical malpractice claims with an eye towards identifying those contexts by which the claims are resolved, this article focuses on the institutional and informal processes of resolving disputes. These processes include both statutory procedural requirements and informal settlements, many of which occur prior to the filing of a lawsuit. A profile of medical malpractice claims in Florida from 1990 through 2008, indicates ...


Judge Bell And Professional Courage, Larry D. Thompson 2010 University of Georgia School of Law

Judge Bell And Professional Courage, Larry D. Thompson

Scholarly Works

This article eulogizes Judge Griffin B. Bell, with an emphasis on the importance of professional standards in the legal field.


Minimalism And Deliberative Democracy: A Closer Look At The Virtues Of "Shallowness", Matthew Steilen 2010 University at Buffalo School of Law

Minimalism And Deliberative Democracy: A Closer Look At The Virtues Of "Shallowness", Matthew Steilen

Journal Articles

Cass Sunstein has long argued that judicial minimalism promotes democracy. According to Sunstein’s view, a court can encourage the political branches of government to address an issue by using doctrines such as vagueness, nondelegation, and desuetude. Although much has been written about minimalism, very little has been said about the democracy-promotion thesis in particular. Yet it is one of the central claims of contemporary minimalism. This article attempts to remedy the deficiency. It argues that minimalism does not promote democracy because minimalist decisions lack the depth necessary to trigger democratic deliberation. The argument occurs in three steps. First, the ...


From Parker V Parker To Pirate Kings: The Legacy Of Lord Denning - A Toast, Katie Allan 2010 Bond University

From Parker V Parker To Pirate Kings: The Legacy Of Lord Denning - A Toast, Katie Allan

Owen Dixon Society eJournal

Extract:

The Denning Society was founded by our esteemed Patron, Jim Corkery. Spurred on by Bond’s courtroom successes ‐ such as Bond’s 2005‐6 Philip C Jessup International Law Mooting team in Washington ‐ Jim, ever the visionary, recognized the need for an annual gathering to celebrate both the contribution of Lord Denning to the law and shared experiences of advocacy.


Current Issues In Judicial Disqualifications Symposium 2011, Michael W. Martin 2010 Fordham University School of Law

Current Issues In Judicial Disqualifications Symposium 2011, Michael W. Martin

Faculty Scholarship

Public confidence in the judiciary's integrity is critical, and


Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil 2010 Claremont McKenna College

Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil

CMC Senior Theses

According to the Department of Homeland Security, Office of Immigration Statistic, California accounts for approximately 2,600,000 illegal immigrants in 2009. This number represents about 25 percent of the entire estimated illegal immigrant population in the United States, which is roughly 10.8 million. Between 2003 and 2008, the U.S. government removed 1,446,338 noncitizens from the United States. This rise in deportation is a result o the changes that have been enacted by the federal government over the years that transformed the nature of immigration enforcement. This thesis explores the California Immigration Enforcement system from the ...


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