A Functional Approach To Judicial Review Of Ptab Rulings On Mixed Questions Of Law And Fact,
2019
University of Michigan Law School
A Functional Approach To Judicial Review Of Ptab Rulings On Mixed Questions Of Law And Fact, Rebecca S. Eisenberg
Articles
The Court of Appeals for the Federal Circuit (“Federal Circuit”) has long relied on active appellate review to bring uniformity and clarity to patent law. It initially treated the PTO the same as the federal district courts, reviewing its factual findings for clear error and its legal conclusions de novo. Following reversal by the Supreme Court in Dickinson v. Zurko, the Federal Circuit began giving greater deference to PTO factual findings. But it continued to review the PTO’s legal conclusions de novo, while coding an expansive list of disputed issues in patent cases as legal conclusions, even when they …
For Him Who Shall Have Borne The Battle: How The Presumption Of Competence Undermines Veterans’ Disability Law,
2019
Washington and Lee University School of Law
For Him Who Shall Have Borne The Battle: How The Presumption Of Competence Undermines Veterans’ Disability Law, Chase Cobb
Washington and Lee Journal of Civil Rights and Social Justice
When the Veterans Administration denies a veteran’s claim for disability benefits it often does so based on the opinion of an expert medical examiner—usually a doctor or a nurse. But under a recent federal rule, the VA carries no burden of laying a foundation for the expert medical examiner’s opinion—no burden of establishing the quality of the expert’s education or the depth of her experience; no burden of establishing the scope of the expert’s training or the soundness of her reasoning. Instead, the VA may simply presume the qualifications of its own expert examiner and throw the burden on the …
Medical Board Of California,
2019
University of San Diego
Medical Board Of California, Mason Bettencourt, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
Contractors’ State License Board,
2019
University of San Diego
Contractors’ State License Board, Natasha Pulido, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
Bureau For Private Postsecondary Education,
2019
University of San Diego
Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Legislative Committee Abbreviations,
2019
University of San Diego
Legislative Committee Abbreviations
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care,
2019
University of San Diego
Department Of Managed Health Care, Kaitlyn Enticknap, Monet Mccord, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance,
2019
University of San Diego
Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Committee Of Bar Examiners,
2019
University of San Diego
Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Bureau Of Cannabis Control,
2019
University of San Diego
Bureau Of Cannabis Control, Nicole Cohen, Guinness Costello, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board,
2019
University of San Diego
Veterinary Medical Board, Kelsey Burns, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy,
2019
University of San Diego
Board Of Pharmacy, John Lacrosse, John Mysliwiec, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
California Public Utilities Commission,
2019
University of San Diego
California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
State Bar Of California,
2019
University of San Diego
State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
V.24-1, 2018 Masthead,
2019
University of San Diego
Gandhis Of The Deep State,
2019
Benjamin N. Cardozo School of Law
Gandhis Of The Deep State, Michael E. Herz
Online Publications
It is a truism that agency organizational charts are at least in part aspirational or idealized. The political appointees at the top lack perfect control over the career employees beneath them in the hierarchy. When all are rowing in the same direction, such agency costs matter little and may go unnoticed. But suppose they are not. What if they barely perceive themselves as in the same boat?
Dental Board Of California,
2019
University of San Diego
Dental Board Of California, Helene E. Mayer, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing,
2019
University of San Diego
Board Of Registered Nursing, Heather Morse, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy,
2019
University of San Diego
California Board Of Accountancy, Brian Attard, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
21st Annual Open Government Summit: Office Of The Attorney General, Access To Public Records Act & Open Meetings Act,
2019
Roger Williams University
21st Annual Open Government Summit: Office Of The Attorney General, Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
