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The Federal Circuit As An Institution, Ryan G. Vacca
The Federal Circuit As An Institution, Ryan G. Vacca
Law Faculty Scholarship
The Court of Appeals for the Federal Circuit is a unique institution. Unlike other circuit courts, the Federal Circuit’s jurisdiction is bound by subject area rather than geography, and it was created to address a unique set of problems specific to patent law. These characteristics have affected its institutional development and made the court one of the most frequently studied appellate courts. This chapter examines this development and describes the evolving qualities that have helped the Federal Circuit distinguish itself, for better or worse, as an institution.
This chapter begins with an overview of the concerns existing before creation of …
Acting Like An Administrative Agency: The Federal Circuit En Banc, Ryan G. Vacca
Acting Like An Administrative Agency: The Federal Circuit En Banc, Ryan G. Vacca
Law Faculty Scholarship
When Congress created the Federal Circuit in 1982, it thought it was creating a court of appeals. Little did it know that it was also creating a quasi-administrative agency that would engage in substantive rulemaking and set policy in a manner substantially similar to administrative agencies. In this Article, I examine the Federal Circuit's practices when it orders a case to be heard en banc and illustrate how these practices cause the Federal Circuit to look very much like an administrative agency engaging in substantive rulemaking. The number and breadth of questions the Federal Circuit agrees to hear en banc …