Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Regulation (2)
- Administrative guidance (1)
- America Invents Act (1)
- Authority (1)
- Banks (1)
-
- Bureaucracy (1)
- Centralized administration (1)
- Deference (1)
- Democratic administration (1)
- Dickinson v. Zurko (1)
- Federal Circuit (1)
- Federal agencies (1)
- Financial crises (1)
- Governance (1)
- Internal Revenue Code (1)
- Internal Revenue Service (1)
- Judicial review (1)
- Legitimacy (1)
- Mergers (1)
- Patent Trial and Appeal Board (1)
- Patent and Trademark Office (1)
- Patent law (1)
- Public administration (1)
- Standards of review (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
A Functional Approach To Judicial Review Of Ptab Rulings On Mixed Questions Of Law And Fact, Rebecca S. Eisenberg
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 Progressive Idea Of Democratic Administration, William J. Novak
The Progressive Idea Of Democratic Administration, William J. Novak
Articles
The first thing to acknowledge about administration is that administration is coincident with governance. Far from being a modern invention or some kind of radical departure from an original political or legal tradition, administration is among the oldest practices of governments. Indeed, it is impossible to conceive of government without administration. Laws need to be enforced, legislation needs to be implemented, and collective goods need to be secured. Governance is mostly a matter of actions and practices, making administration perhaps the most truly reflective aspect of legal and political culture.
Crisis-Driven Tax Law: The Case Of Section 382, Albert H. Choi, Quinn Curtis, Andrew T. Hayashi
Crisis-Driven Tax Law: The Case Of Section 382, Albert H. Choi, Quinn Curtis, Andrew T. Hayashi
Articles
At the peak of the 2008 financial crisis, the Internal Revenue Service (IRS) issued Notice 2008–83 (the Notice), administrative guidance that limited Internal Revenue Code (the Code) section 382, an important tax rule designed to discourage tax-motivated acquisitions. Although styled as a mere interpretation of existing law, the Notice has been widely viewed as an improper exercise of the IRS’s authority that undermined its legitimacy. But did the Notice work? There were many extraordinary interventions during the financial crisis that raised questions about eroding the rule of law and the long-term destabilizing effects of bailouts. In a financial crisis, regulators …