Ideology and Exceptionalism in Intellectual Property: An Empirical Study
Loyola University Chicago School of Law
Northwestern University - School of Law
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
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: K00Accepted Paper Series
Date posted: April 29, 2008 ; Last revised: April 21, 2010
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