The creation of the Court of Appeals for the Federal Circuit is widely regarded as an improvement in the system of patent litigation in the United States. However, there is still support for the creation of a specialized patent court at the trial level. Much of the support for the creation of such a court derives from the argument that most judges have too little experience to be familiar with ...

The justification of judicial decisions is an important research segment jurisprudence and, at the same time, a very useful instrument in practice, with multiple – constantly discovered, not fully recognised and valued functions. First all, it is, as rule, inseparable element decision component fair trial. Its jurisprudential functions naturally come to fore. In considerations undertaken, empha...

The standard of review analysis for judicial review of administrative action developed by the Supreme Court of Canada before Dunsmuir v New Brunswick had two important features. First, it provided a bulwark against interventionist judges, thereby protecting the autonomy of administrative decision makers and promoting deference. Second, it was substantive, rather than formal, and moved the focus...

This paper explores three competing accounts of judicial review by comparing the enacting and invalidating coalitions for each of the fifty-three federal statutes struck down by the Supreme Court during its 1981 through 2005 terms. When a Republican judicial coalition invalidates a Democratic statute, the Court’s decision is consistent with a partisan account, and when a conservative judicial c...

This chapter surveys the economic literature on judicial appeals and collegiality of courts. More general issues concerning judicial administration and court organization are surveyed in a companion chapter. JEL classification: K4

With respect to the article by Giner and Guija on the lack of reliability in the statistical data on suicide in Spain, recently published in your journal, we would like to clarify a few key points in this information, as well as the authors’ interpretation. As is indicated in the article, the pathway for declaring statistical data is tortuous, with many agents and organisms involved (the police...

Introduction While there has been considerable scrutiny by both domestic courts and the European Court of Human Rights (ECHR) of issues of contested medical treatment, little judicial attention has addressed the exercise of public health powers. Indeed, the role of law in public health has been much neglected at both judicial and academic level. This is on one level surprising, given the vulner...

We use an agency model to analyze the impact of judicial review on the incentives of elected leaders to “posture” by enacting bold but ill-advised policies. We find that judicial review may exacerbate posturing by rescuing leaders from the consequences of unwise policies, but may also discourage posturing by alerting voters to unjustified government action. We further find that judges will defe...

Cross-cultural diversity in economic game behavior has been cited as evidence that humans do not possess psychological adaptations specialized for cooperation in collective actions (CAs). In this paper, it is argued that such adaptations may, in fact, exist and that their design may be illuminated by the appropriate kinds of cross-cultural data. To exemplify an aspect of cooperation that may no...

INTRODUCTION This report describes the extent to which 12 workplace aggression prevention and minimisation actions have been implemented in Australian clinical medical practice settings. METHODS Using a cross-sectional, self-report survey conducted as part of a national longitudinal study of the Australian medical workforce, differences in the proportions of medical clinicians reporting the i...