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Articles 1 - 5 of 5
Full-Text Articles in Law
Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore
Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore
Michigan Law Review
The frequency with which juries participate in patent litigation has skyrocketed recently. At the same time, there is a popular perception that the increasing complexity of technology being patented (especially in the electronic, computer software, biological and chemical fields) has made patent trials extremely difficult for lay juries to understand. These developments have sparked extensive scholarly debate and increasing skepticism regarding the role of juries in patent cases. Juries have participated in some aspects of patent litigation since the enactment of the first patent statute in 1790, which provided for "such damages as shall be assessed by a jury." The …
Eliminating Consideration Of Parental Wealth In Post-Divorce Child Custody Disputes, Carolyn J. Frantz
Eliminating Consideration Of Parental Wealth In Post-Divorce Child Custody Disputes, Carolyn J. Frantz
Michigan Law Review
There may be no story as old as that of the child of privilege, spoiled in the things of the world, who finally achieves happiness through coming to appreciate the simple charms of working-class life. But equal in strength are the real life stories of American parents: their drive for the accumulation of personal wealth, so frequently justified as "for the children." The place of wealth in the good life of a child is deeply controversial, and it should surprise no one to see it played out in child custody law. Under the statutes of almost all states, custody disputes …
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Michigan Law Review
Many in the legal profession have abandoned the great questions of legal process. This is too bad. How a decision is reached can be as important as what the decision is. In an increasingly diverse country with many competing visions of the good, it is critical for law to aspire to agreement on process - a task both more achievable than agreement on substance and more suited to our profession than waving the banners of ideological truth. By process, I mean the institutional routes by which we in America reach our most crucial decisions. In other words, process is our …
Losing Faith: America Without Judicial Review?, Erwin Chemerinsky
Losing Faith: America Without Judicial Review?, Erwin Chemerinsky
Michigan Law Review
In the last decade, it has become increasingly trendy to question whether the Supreme Court and constitutional judicial review really can make a difference. Gerald Rosenberg, for example, in The Hollow Hope, expressly questions whether judicial review achieves effective social change. Similarly, Michael Klarman explores whether the Supreme Court's desegregation decisions were effective, except insofar as they produced a right-wing backlash that induced action to desegregate. In Taking the Constitution Away from the Courts, Mark Tushnet approvingly invokes these arguments (pp. 137, 145), but he goes much further. Professor Tushnet contends that, on balance, constitutional judicial review is harmful. He …
Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo
Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo
Michigan Law Review
William H. Rehnquist is not going to be Chief Justice forever - much to the chagrin of Republicans, no doubt. In the last century, Supreme Court Justices have retired, on average, at the age of seventy-one after approximately fourteen years on the bench. By the end of the term of the President we elect this November, Chief Justice Rehnquist will have served on the Supreme Court for thirty-two years and reached the age of eighty. The law of averages suggests that Chief Justice Rehnquist is likely to retire in the next presidential term. In addition to replacing Chief Justice Rehnquist, …