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Structure And Precedent, Jeffrey C. Dobbins 2010 Willamette University College of Law

Structure And Precedent, Jeffrey C. Dobbins

Michigan Law Review

The standard model of vertical precedent is part of the deep structure of our legal system. Under this model, we rarely struggle with whether a given decision of a court within a particular hierarchy is potentially binding at all. When Congress or the courts alter the standard structure and process offederal appellate review, however, that standard model of precedent breaks down. This Article examines several of these unusual appellate structures and highlights the difficulties associated with evaluating the precedential effect of decisions issued within them. For instance, when Congress consolidates challenges to agency decision making in a single federal circuit ...


The Federal Circuit: A Model For Reform?, Paul D. Carrington, Paulina Orchard 2010 Duke Law School

The Federal Circuit: A Model For Reform?, Paul D. Carrington, Paulina Orchard

Faculty Scholarship

Are our federal courts organized suitably to perform their mission of assuring coherent administration of our national law? Maybe not. The senior author of this Article, along with many others, argued to the contrary forty years ago. Now, experience with the United States Court of Appeals for the Federal Circuit tends to confirm that an alternative structure of the federal judiciary could better serve the need for coherent national law, and without serious adverse consequences. Perhaps, therefore, it is now time for Congress to reconsider the matter. We here suggest the possibility that the United States replicate the structure of ...


Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, Ulf Maunsbach, Patrik Lindskoug 2009 Lund University, Faculty of Law

Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, Ulf Maunsbach, Patrik Lindskoug

Ulf Maunsbach

No abstract provided.


Officially Immune? A Response To Bradley And Goldsmith, Chimene I. Keitner 2009 University of California, Hastings

Officially Immune? A Response To Bradley And Goldsmith, Chimene I. Keitner

Chimene I Keitner

No abstract provided.


Chevron's Sliding Scale In Wyeth V. Levine, 129 S. Ct. 1187 (2009), Gregory M. Dickinson 2009 Harvard Law School

Chevron's Sliding Scale In Wyeth V. Levine, 129 S. Ct. 1187 (2009), Gregory M. Dickinson

Gregory M Dickinson

In Wyeth v. Levine the Supreme Court once again failed to reconcile the interpretive presumption against preemption with the sometimes competing Chevron doctrine of deference to agencies' reasonable statutory interpretations. Rather than resolve the issue of which principle should govern where the two principles point toward opposite results, the Court continued its recent practice of applying both principles halfheartedly, carving exceptions, and giving neither its proper weight.

This analysis situates Wyeth within the larger framework of the Court's recent preemption decisions in an effort to explain the Court's hesitancy to resolve the conflict. The analysis concludes that the ...


Military Commissions And The Lieber Code: Toward A New Understanding Of The Jurisdictional Foundations Of Military Commissions, Gideon M. Hart 2009 Columbia University

Military Commissions And The Lieber Code: Toward A New Understanding Of The Jurisdictional Foundations Of Military Commissions, Gideon M. Hart

Gideon M. Hart

Over the past eight years, the use of military commissions at Guantanamo Bay has thrust this rarely used military venue into the forefront of public attention. Legal scholars have increasingly looked to the history of the commissions when addressing the debates over the proper and appropriate manner for their use. Despite this heightened interest in the history of these tribunals, scholars and commentators have assumed the underlying jurisdiction of commissions to try violations of the laws of war, devoting little attention to this topic. Contrary to various assumptions, military commissions have not always had jurisdiction over violations of the laws ...


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