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http://ssrn.com/abstract=1125360
 
 

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Ideology and Exceptionalism in Intellectual Property: An Empirical Study


Matthew Sag


Loyola University Chicago School of Law

Tonja Jacobi


Northwestern University - School of Law

Maxim Sytch


The Stephen M. Ross School of Business at the University of Michigan

January 12, 2009

California Law Review, Vol. 97, p. 801, 2009
The DePaul University College of Law, Technology, Law & Culture Research Series Paper No. 09-009

Abstract:     
This article investigates the relationship between ideology and judicial decision-making in the context of intellectual property. Using data drawn from Supreme Court intellectual property cases decided in between 1954 and 2006, we show that ideology is a significant determinant of cases involving intellectual property rights: the more conservative a judge is, the more likely he or she is to vote in favor of an intellectual property claim. However, our analysis also shows that there are significant differences between intellectual property and other areas of the law with respect to the effect of ideology. This analysis has important implications for the study of intellectual property. It also contributes to the broader judicial ideology literature by demonstrating the effect of ideology in economic cases.

Number of Pages in PDF File: 95

Keywords: Intellectual Property, Ideology, Politics, Attitudinal model, Empirical

JEL Classification: K00

Accepted Paper Series


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Date posted: April 29, 2008 ; Last revised: April 21, 2010

Suggested Citation

Sag, Matthew and Jacobi, Tonja and Sytch, Maxim, Ideology and Exceptionalism in Intellectual Property: An Empirical Study (January 12, 2009). California Law Review, Vol. 97, p. 801, 2009; The DePaul University College of Law, Technology, Law & Culture Research Series Paper No. 09-009. Available at SSRN: http://ssrn.com/abstract=1125360

Contact Information

Matthew Sag (Contact Author)
Loyola University Chicago School of Law ( email )
25 E. Pearson
Chicago, IL 60611
United States

Tonja Jacobi
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
Maxim Sytch
The Stephen M. Ross School of Business at the University of Michigan ( email )
701 Tappan Street
Ann Arbor, MI MI 48109
United States
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