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Full-Text Articles in Law
Developments In The Jurisprudence On The Use Of Experts, Marilyn L. Huff
Developments In The Jurisprudence On The Use Of Experts, Marilyn L. Huff
Washington Journal of Law, Technology & Arts
No abstract provided.
Antiformalism At The Federal Circuit: The Jurisprudence Of Chief Judge Rader, Peter Lee
Antiformalism At The Federal Circuit: The Jurisprudence Of Chief Judge Rader, Peter Lee
Washington Journal of Law, Technology & Arts
Commentators have long noted that the Federal Circuit tends to produce formalistic patent doctrine that favors bright-line rules over extensive engagement with facts and context. This Article, however, argues that Chief Judge Rader’s approach to patent law diverges sharply from this methodological tendency. In particular, it explores Chief Judge Rader’s rejection of formalism by examining his contributions to three areas of patent doctrine: claim construction, patentable subject matter, and the written description requirement. Throughout his engagement with patent law, Chief Judge Rader exhibits a striking sensitivity to context, policy considerations, and exogenous sources of authority that distinguishes himself from his …
Celebrating Contributions Of Chief Judge Rader To Patent Infringement Jurisprudence, Katherine E. White
Celebrating Contributions Of Chief Judge Rader To Patent Infringement Jurisprudence, Katherine E. White
Washington Journal of Law, Technology & Arts
Chief Judge Rader’s judicial opinions contribute significantly to patent infringement jurisprudence. He writes from a teacher’s perspective, providing context and a clear lens through which legal issues may be examined. His deep reverence for the rule of law pervades his opinions, as he injects a cadre of principles governing his approach. Each opinion builds a foundation made of consistency and clarity in upholding the fundamental purposes underlying the patent grant.
Let's Be Cautious Friends: The Ethical Implications Of Social Networking For Members Of The Judiciary, Aurora J. Wilson
Let's Be Cautious Friends: The Ethical Implications Of Social Networking For Members Of The Judiciary, Aurora J. Wilson
Washington Journal of Law, Technology & Arts
In recent advisory opinions, courts and ethics committees have considered whether and to what extent judges may use social networking sites such as Facebook without violating the applicable code of judicial conduct. While the committees agree that judges may generally use social networking sites, they disagree as to whether judges may use those sites to connect with lawyers who have appeared or may appear in a proceeding before them. Four states—California, Florida, Massachusetts, and Oklahoma—forbid judges frombecoming online “friends” with attorneys who may appear before them in court, while four states—Ohio, Kentucky, New York, and South Carolina—allow it, albeit with …
The Training, Appointment, And Supervision Of Islamic Judges In Singapore, Muhammad Haniff Hassan, Sharifah Thuraiya Su'ad Ahmad Alhadshi
The Training, Appointment, And Supervision Of Islamic Judges In Singapore, Muhammad Haniff Hassan, Sharifah Thuraiya Su'ad Ahmad Alhadshi
Washington International Law Journal
Syariah court judges and the decisions they make clearly have an effect on the interpretation and application of Islamic law in contemporary Muslim societies, and the educational background of those who staff these courts obviously informs the way they understand, interpret, and apply the law. To date, however, little research has been done on the educational processes by which Islamic court judges are trained to think about Islamic law. Likewise, the means by which Islamic court judges are appointed and regulated has received little scholarly attention. This article offers a descriptive overview of the training, work, and professional regulation of …
The Training, Appointment, And Supervision Of Islamic Judges In Malaysia, Najibah M. Zin
The Training, Appointment, And Supervision Of Islamic Judges In Malaysia, Najibah M. Zin
Washington International Law Journal
Shari‛a court judges and the decisions they make clearly have an effect on the interpretation and application of Islamic law in contemporary Muslim societies, and the educational background of those who staff these courts obviously informs the way they understand, interpret, and apply the law. To date, however, little research has been done on the educational processes by which judges who serve on Islamic courts are trained to think about Islamic law. Likewise, the means by which Islamic court judges are appointed and regulated has received little scholarly attention. This article offers a descriptive overview of the training, work, and …
The Training, Appointment, And Supervision Of Islamic Judges In Indonesia, Euis Nurlawlawati, Abdurrahman Rahim
The Training, Appointment, And Supervision Of Islamic Judges In Indonesia, Euis Nurlawlawati, Abdurrahman Rahim
Washington International Law Journal
This essay discusses the creation and training of Islamic court judges in Indonesia. This includes an examination of the qualifications for appointment as a judge, the recruitment of new judges, the pre-appointment and in-service training provided for Islamic judges, and the substantive and administrative supervision of the Islamic judiciary. The paper shows that significant changes have occurred in the system of recruitment and training of Islamic court judges with the establishment of new educational qualifications and the implementation of broader and more systematic training programs. As a result of these changes, the quality, professionalism, and standing of the Islamic judiciary …