Abstract

http://ssrn.com/abstract=1600284
 


 



The Federal Circuit and the D.C. Circuit: Comparative Trials of Two Semi-Specialized Courts


John M. Golden


The University of Texas at Austin - School of Law

May 1, 2010

George Washington Law Review, Vol. 78, pp. 553-574, 2010
U of Texas Law, Public Law Research Paper No. 173

Abstract:     
A string of reversals by the Supreme Court of the United States has helped create an impression that the patent jurisprudence of the United States Court of Appeals for the Federal Circuit is under siege. But the experience of another semi-specialized court of appeals, the United States Court of Appeals for the D.C. Circuit, suggests that such Supreme Court intervention is likely to be less than cataclysmic. In the 1970s and 1980s, the Supreme Court reversed the D.C. Circuit in administrative law cases with a ferocity that makes the Court’s present-day interventions in patent law look timid. Despite the onslaught, however, much of the D.C. Circuit’s work survived. The D.C. Circuit’s experience thus suggests at least two lessons that might extend to the Federal Circuit today: first, Supreme Court intervention does not necessarily prevent a semi-specialized circuit from putting a strong stamp on an area of relative expertise; and second, even when Congress has created a semi-specialized circuit, spates of Supreme Court scrutiny and reversal might be essentially inevitable and possibly even desirable.

Number of Pages in PDF File: 23

working papers series


Download This Paper

Date posted: May 10, 2010 ; Last revised: May 13, 2010

Suggested Citation

Golden, John M., The Federal Circuit and the D.C. Circuit: Comparative Trials of Two Semi-Specialized Courts (May 1, 2010). George Washington Law Review, Vol. 78, pp. 553-574, 2010; U of Texas Law, Public Law Research Paper No. 173. Available at SSRN: http://ssrn.com/abstract=1600284 or http://dx.doi.org/10.2139/ssrn.1600284

Contact Information

John M. Golden (Contact Author)
The University of Texas at Austin - School of Law ( email )
School of Law
727 East Dean Keeton Street
Austin, TX 78705
United States
(512) 232-1469 (Phone)

Feedback to SSRN


Paper statistics
Abstract Views: 442
Downloads: 73
Download Rank: 184,493

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.328 seconds