Courts Commons^™

Informal Deference: A Historical, Empirical, And Normative Analysis Of Patent Claim Construction, Jonas Anderson, Peter S. Menell

Scholarly Articles in Law Reviews & Journals

Patent scope plays a central role in the operation of the patent system, making patent claim construction a critical aspect of just about every patent litigation. With the resurgence of patent jury trials in the 1980s, the allocation of responsibility for interpreting patent claims between trial judge and jury emerged as a salient issue. While the Supreme Court’s Markman decision usefully removed claim construction from the black box of jury deliberations notwithstanding its "mongrel" mixed fact/law character, the Federal Circuit's adherence to the view that claim construction is a pure question of law subject to de novo appellate review produced …

The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split, Rafael Andre Roberti

Legislation and Policy Brief

The legal and medical communities have debated the impact and necessity of medical liability reform for over twenty years. At the heart of the debate is the question of how to strike a balance between compensating patients and their families for the thousands of deaths and injuries resulting from medical errors that occur annually, and encouraging physicians to continue to care for patients across America. While several states have passed medical liability reform laws previously, on March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA)—colloquially known as the “health care bill”—that contains provisions on medical …

Hiding Behind The Cloak Of Invisibility: The Supreme Court And Per Curiam Opinions, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Per curiam--literally translated from Latin to "by the court"-is defined by Black's Law Dictionary as "[a]n opinion handed down by an appellate court without identifying the individual judge who wrote the opinion." Accordingly the author of a per curiam opinion is meant to be institutional rather than individual, attributable to the court as an entity rather than to a single judge The United States Supreme Court issues a significant number of per curiam dispositions each Term. In the first six years of Chief Justice John Roberts’ tenure, almost nine percent of the Court full opinions were per curiams. The prevalence …

Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman

American University Law Review

While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions where circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts …

2011 International Trade Law Decisions Of The Federal Circuit, Gregory J. Spak, Forrest R. Hansen, Daniel J. Hickman

American University Law Review

No abstract provided.

Changing Voices In A Familiar Conversation About Rules Vs. Standards: Veterans Law At The Federal Circuit In 2011, James D. Ridgway

American University Law Review

No abstract provided.

2011 Trademark Law Decisions Of The Federal Circuit, Marynelle Wilson, Antigone Peyton

American University Law Review

No abstract provided.

2011 Patent Law Decisions Of The Federal Circuit, Robert A. Pollock, Linda A. Wadler, Robert D. Litowitz, Joyce Craig, Bart A. Gerstenblith, Christina Szakaly, Zhenyu Yang, Mindy L. Ehrenfried

American University Law Review

No abstract provided.

2011 Government Contract Law Decisions Of The Federal Circuit, Joel Singer, Kyle Fiet, Matthew Solomson, Benjamin Glerum

American University Law Review

No abstract provided.

Prefering Order To Justice, Laura Rovner, Jeanne Theoharis

American University Law Review

No abstract provided.

Foreword:The Federal Circuit At Thirty, Pauline Newman

American University Law Review

No abstract provided.

Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec

American University Law Review

No abstract provided.

The New National Security Canon, Stephen I. Vladeck

American University Law Review

No abstract provided.

War, Terror, And The Federal Courts, Ten Years After 9/11, From The 2012 Annual Meeting Of The Association Of American Law Schools

American University Law Review

No abstract provided.

Custody Rights Of Lesbian And Gay Parents Redux: The Irrelevance Of Constitutional Principles, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

Disputes over custody and visitation can arise when a marriage ends and one parent comes out as gay or lesbian. the heterosexual parent may seek custody or may seek to restrict the activities of the gay or lesbian parent, or the presence of the parent's same-sex partner, during visitation. A gay or lesbian parent's assertion of constitutional rights has not been an effective response to such efforts. that is not likely to change. Advocates for gay and lesbian parents have argued forcefully for a nexus text, permitting consideration of a parent's sexual orientation only when there is evidence of an …

Film Review: Mississippi Innocence And The Prosecutor’S Guilt, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

Film review of Mississippi Innocence. A documentary film by Joe York. Media and Documentary Projects at the University of Mississippi (2011)

"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Prosecutors sometimes use what are known as "bad juror" lists to exclude particular citizens from jury service. Not only does this practice interfere with an open and fair jury-selection process, thus implicating a defendant's right to be tried by a jury of his or her peers, but it also violates potential jurors' rights to serve in this important capacity. But who is on these lists? And is a prosecutor required to disclose the lists to defense counsel? These questions have largely gone unnoticed by legal analysts. This Article addresses the prosecutor's duty to disclose bad-juror lists. It reviews the federal …

Carter's Groundbreaking Appointment Of Women To The Federal Bench: His Other "Human Rights" Record, Mary L. Clark

American University Journal of Gender, Social Policy & the Law

No abstract provided.

War Courts: Terror's Distorting Effects On Federal Courts, Collin P. Wedel

Legislation and Policy Brief

In recent years, federal courts have tried an increasing number of suspected terrorists. In fact, since 2001, federal courts have convicted over 403 people for terrorism-related crimes. Although much has been written about the normative question of where terrorists should be tried, scant research exists about the impact these recent trials have had upon the Article III court system. The debate, rather, has focused almost exclusively upon the proper venue for these trials and the hypothetical problems and advantages that might inhere in each venue.

The war in Afghanistan, presenting a host of thorny legal issues, is now the longest …

2010 Trademark Law Decisions Of The Federal Circuit, Susan B. Flohr, Emily J. Barnhart, John Paul Oleksiuk

American University Law Review

No abstract provided.

Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza

American University Law Review

No abstract provided.

Judicial Retirement And Return To Practice, Mary Clark

Scholarly Articles in Law Reviews & Journals

This Article engages recent scholarly debates about U.S. Supreme Court tenure and retirement practices, specifically those concerning the merits of adopting eighteen-year term limits or mandatory retirement for Supreme Court Justices. It broadens the discussion by including all Article III judges and by addressing former Article III judges’ return to practice following resignation or retirement, which has been largely ignored in the literature to date despite what I have found to be the return-to-practice rate of over forty percent in the last two decades.

This Article advocates retaining life tenure because it promotes institutional and individual judicial independence better than …

Permissive Interlocutory Appeals At The Court Of Appeals For The Federal Circuit: Fifteen Years In Review (1995-2010), Alexandra B. Hess, Stephanie L. Parker, Tala K. Touanian

American University Law Review

No abstract provided.

2010 Patent Law Decisions Of The Federal Circuit: "The Advent Of The Rader Court", Gregory A. Castanias, Douglas R. Cole, Jennifer L. Swize, Vaishali Udupa, Tiffany D. Lipscomb-Jackson

American University Law Review

No abstract provided.

Filling The Criminal Liability Gap For Private Military Contractors Abroad: U.S. V. Slough And The Civilian Extraterritorial Jurisdiction Act Of 2010, Missye Brickell

Legislation and Policy Brief

To ensure that all contractors who commit crimes in Iraq and Afghanistan can be prosecuted effectively in the United States, Congress must pass legislation to update Federal criminal law and fill the gaps that may leave certain types of contractors free from any criminal liability. The Civilian Extraterritorial Jurisdiction Act of 2010 (CEJA) attempts to do just that, and while it may deter some PMCs from participating in the U.S. military and security contracting market, the benefits of having a fully accountable U.S. legal system outweigh the drawbacks for individual contracting companies.

“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan

Legislation and Policy Brief

This article focuses on the venue of Mohammad’s trial and is broken into three sections. The first section reviews the historical use of military tribunals. This section begins by looking at the basis for Presidential authority to authorize the use of military commissions. This section then outlines the first use of military commissions since World War II. President George W. Bush’s authorization parallels the provisions in President Franklin Roosevelt’s authorization of the use of commissions in the 1940s. However, following authorization, the military commissions were subject to judicial challenges and significant revision by Congress. Finally, this section tracks recent developments …

Will Cameras In The Courtroom Lead To More Law And Order? A Case For Broadcast Access To Judicial Proceedings, Shelly Rosenfeld

American University Criminal Law Brief

No abstract provided.

No Habeas For You! Al Maqaleh V. Gates, The Bagram Detainees, And The Global Insurgency, Michael J. Buxton

American University Law Review

No abstract provided.

Futile Arguments: Lawrence V. Texas And The Supreme Court Bar, Heron Greenesmith

The Modern American

No abstract provided.

Updates From The International And Internationalized Criminal Courts, Ivan Carpio, Lindsay Roberts, Zsofia Young, Christopher Tansey, Paul Rinefierd, Slava Kuperstein

Human Rights Brief

No abstract provided.