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Full-Text Articles in Law

Specialized Trial Courts In Patent Litigation: A Review Of The Patent Pilot Program's Impact On Appellate Reversal Rates At The Five-Year Mark, Amy Semet Feb 2019

Specialized Trial Courts In Patent Litigation: A Review Of The Patent Pilot Program's Impact On Appellate Reversal Rates At The Five-Year Mark, Amy Semet

Journal Articles

Do specialized trial court judges make more accurate decisions in patent law cases? In 2011, Congress passed a law setting up a ten-year patent law pilot program to enhance expertise in patent litigation by funneling more trial court decisions to fourteen selected district courts. Now that the five-year mark has passed, has the program had its intended effect of increasing accuracy, as measured by less reversal by the appellate court? In this Article, I analyze over 20,000 trial-court patent cases filed from late 2011 to 2016, focusing specifically on whether cases heard by district court judges participating in the ...


The Law Is Made Of Stories: Erasing The False Dichotomy Between Stories And Legal Rules, Stephen Paskey Oct 2014

The Law Is Made Of Stories: Erasing The False Dichotomy Between Stories And Legal Rules, Stephen Paskey

Journal Articles

When lawyers think of legal analysis, they think chiefly of logic and reason. Stories are secondary. As Michael Smith explains, our legal system “is not founded on narrative reasoning” but on “a commitment to the rule of law.” The article suggests that this dichotomy between “rule-based reasoning” and “narrative reasoning” is false, and that narrative and stories are central to legal reasoning, including rule-based reasoning. In doing so, the article uses literary narrative theory to show that every governing legal rule has the structure of a “stock story”: the elements of the rule correspond to elements of a story. It ...


Plaintiff Control And Domination In Multidistrict Mass Torts, S. Todd Brown Jan 2013

Plaintiff Control And Domination In Multidistrict Mass Torts, S. Todd Brown

Journal Articles

No abstract provided.


Checks, Balances And Judicial Wizardry: Constitutional Delegation And Congressional Legislation, Robert I. Reis Jan 2011

Checks, Balances And Judicial Wizardry: Constitutional Delegation And Congressional Legislation, Robert I. Reis

Journal Articles

No abstract provided.


Rights And Remedies Post Ebay V. Mercexchange - Deep Waters Stirred, Robert I. Reis Jan 2008

Rights And Remedies Post Ebay V. Mercexchange - Deep Waters Stirred, Robert I. Reis

Journal Articles

No abstract provided.


A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner Dec 2004

A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner

Journal Articles

No abstract provided.


Does Lewis V. Casey Spell The End To Court-Ordered Improvement Of Prison Law Libraries?, Joseph L. Gerken Jan 2003

Does Lewis V. Casey Spell The End To Court-Ordered Improvement Of Prison Law Libraries?, Joseph L. Gerken

Law Librarian Journal Articles

The Supreme Court's decision in Lewis v. Casey raises the bar for advocates seeking court-ordered improvements in prison law libraries. Whether it dooms all such efforts to failure may well depend on the willingness of trial courts to take into account the realities of prisoners' pro se litigation.


Section 98 And The Specialized Practice Of Civil Rights Law, James A. Gardner Jan 1998

Section 98 And The Specialized Practice Of Civil Rights Law, James A. Gardner

Journal Articles

No abstract provided.


Dispute Processing And A Longitudinal Approach To Trial Courts, Lynn Mather Jan 1990

Dispute Processing And A Longitudinal Approach To Trial Courts, Lynn Mather

Journal Articles

This article suggests ways to integrate the insights and findings of two rather distinct fields: docket-based, longitudinal studies of trial courts and studies of dispute processing. In particular, I argue that longitudinal research on courts would benefit enormously from the incorporation of concepts and data on dispute processing. For example, instead of taking court cases as the starting point for study, longitudinal research should explore the multistage and transformative nature of disputing. Historical data should also be collected on the nature of the relationships between opposing litigants, on the roles played by participants other than the litigants (lawyers, supporters, audiences ...


The Legal Community And The Transformation Of Disputes: The Settlement Of Injunction Actions, James B. Atleson Jan 1989

The Legal Community And The Transformation Of Disputes: The Settlement Of Injunction Actions, James B. Atleson

Journal Articles

Lawyers in cases involving injunctions against picketing represent clients in situations of great immediacy. A significant number of injunction actions are settled with reductions in picketing despite a seemingly restrictive statute and a highly organized workforce. This study of legal culture examines the role of lawyers in striving to create predictability, especially in regard to judges and the police, and in transforming conflicts of value into disputes over interests that can be resolved without resort to formal adjudication.


Conclusion: The Mobilizing Potential Of Class Actions, Lynn Mather Jan 1982

Conclusion: The Mobilizing Potential Of Class Actions, Lynn Mather

Journal Articles

No abstract provided.


Citizen Suits In The Environmental Field: Peril Or Promise?, Barry B. Boyer, Roger C. Cramton Jan 1972

Citizen Suits In The Environmental Field: Peril Or Promise?, Barry B. Boyer, Roger C. Cramton

Journal Articles

No abstract provided.