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The Effect of Judicial Ideology in Intellectual Property Cases

49 Pages Posted: 3 Jul 2007  

Matthew Sag

Loyola University Chicago School of Law

Tonja Jacobi

Northwestern University - Pritzker School of Law

Maxim Sytch

University of Michigan, Stephen M. Ross School of Business

Date Written: July 2, 2007

Abstract

This article investigates the relationship between ideology and judicial decision-making in the context of intellectual property. This article empirically establishes that judicial decision making in relation to IP is significantly and predictably shaped by judicial ideology. 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. 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.

Keywords: intellectual property, ideology, politics, attitudinal model, empirical, supreme court, federal circuit, patent, copyright, trademark, trade secret

JEL Classification: K1, K11

Suggested Citation

Sag, Matthew and Jacobi, Tonja and Sytch, Maxim, The Effect of Judicial Ideology in Intellectual Property Cases (July 2, 2007). 2nd Annual Conference on Empirical Legal Studies Paper. Available at SSRN: https://ssrn.com/abstract=997963 or http://dx.doi.org/10.2139/ssrn.997963

Matthew Sag (Contact Author)

Loyola University Chicago School of Law ( email )

25 E. Pearson
Chicago, IL 60611
United States

Tonja Jacobi

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

Maxim Sytch

University of Michigan, Stephen M. Ross School of Business ( email )

701 Tappan Street
Ann Arbor, MI MI 48109
United States

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