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Certiorari, Universality, and a Patent Puzzle
The most important determinant of a case’s chances for Supreme Court review is a circuit split: If two courts of appeals have decided the same issue differently, review is substantially more likely. But practically every appeal in a patent case makes its way to a single court—the Court of Appeals for the Federal Circuit.
Tejas N. Narechania
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CERTIORARI AND THE SCOTTISH COURTS [PDF]
Jacquelin Miller
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Certiorari in the Roberts Court
Tejas N. Narechania
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Writ of Certiorari and Right to Legal Remedy
A writ of Certiorari can be issued for correcting errors of jurisdiction committed by inferior courts or tribunals; where orders are passed by inferior courts or tribunals without Jurisdiction, or is in excess of it, or as a result of failure to exercise jurisdiction.
Shivnath Tripathi
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Travel Ban Update: Supreme Court Grants Certiorari [PDF]
Peter Margulies
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The Supreme Court has wide discretion to choose the cases it will decide. These choices matter, as they both shape and are shaped by our national social, political, and economic discourse. So how does the Court exercise its discretion? The Supreme Court’s rules explain that it may hear any case “important” enough for it to decide.
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Judicial Choice Among Cases for Certiorari [PDF]
How does the Supreme Court choose among cases to grant cert? In a model with a strategic Supreme Court, a continuum of rule-following lower courts, a set of potential cases for revision, and a dist...
Bustos Donoso, Álvaro, Jacobi, Tonja
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Remaking the United States Supreme Court in the Courts’ of Appeals Image [PDF]
We argue that Congress should remake the United States Supreme Court in the U.S. courts\u27 of appeals image by increasing the size of the Court\u27s membership, authorizing panel decisionmaking, and retaining an en banc procedure for select cases. In so
George, Tracey E., Guthrie, Chris
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Back to the Future: Permitting Habeas Petitions Based on Intervening Retroactive Case Law to Alter Convictions and Sentences [PDF]
In 1948, Congress enacted 28 U.S.C. § 2255, which authorizes a motion for federal prisoners to “vacate, set aside or correct” their sentences, with the goal of improving judicial efficiency in collateral review.
Casale, Lauren
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Walking the Line: Why the Presumption Against Extraterritorial Application of U.S. Patent Law Should Limit the Reach of 35 U.S.C. § 271(f) [PDF]
The advent of the digital era and the global market pose unique challenges to intellectual property law. To adapt, U.S. patent laws require constant interpretation in the face of rapidly changing technological advances. In AT&T Corp. v.
Giordano-Coltart, Jennifer
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