This Article concerns whether and how Article I administrative agencies can overturn the final judgment of an Article III federal court. The Article identifies if there really is a constitutional crisis afoot because of a violation of the separation of powers doctrine. It also addresses the concern that the federal court is the final arbiter of a legal dispute and that neither Congress nor an agency can step in to undo that which the federal court has done. The Article focuses on the newly enacted America Invents Act and the current use of administrative agency proceeding to reexamine issued patents as a tool to nullify patent infringement judgments
Is the federal judiciary truly an independent body? A quick glance at the Constitution would suggest...
In Northern Pipeline Construction Co. v. Marathon Pipe Line Co., the Supreme Court held unconstituti...
Last week, the U.S. Supreme Court upheld the constitutionality of certain adjudications of patent ri...
This Article concerns whether and how Article I administrative agencies can overturn the final judgm...
This article will analyze possible limitations on Congress’ Article I power, concluding that separat...
This Article challenges the Supreme Court\u27s recent holding that administrative law doctrines shou...
This article will argue that holdings of unconstitutionality in futuro are difficult to reconcile wi...
My goal with this Essay is a modest one: to raise a few reservations regarding judicial refashioning...
The Supreme Court has entered a new era of separation of powers formalism. Others have addressed man...
This Article examines the constitutional basis of the federal courts’ independent exercise of “inher...
Many wonder if the separation of powers is going to be reinvigorated by the new appointees to the fe...
In 2011, Congress enacted the America Invents Act (“AIA”), largely in order to provide more effectiv...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
Bowsher v. Synar is the latest in a series of recent cases in which the Supreme Court has elaborated...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
Is the federal judiciary truly an independent body? A quick glance at the Constitution would suggest...
In Northern Pipeline Construction Co. v. Marathon Pipe Line Co., the Supreme Court held unconstituti...
Last week, the U.S. Supreme Court upheld the constitutionality of certain adjudications of patent ri...
This Article concerns whether and how Article I administrative agencies can overturn the final judgm...
This article will analyze possible limitations on Congress’ Article I power, concluding that separat...
This Article challenges the Supreme Court\u27s recent holding that administrative law doctrines shou...
This article will argue that holdings of unconstitutionality in futuro are difficult to reconcile wi...
My goal with this Essay is a modest one: to raise a few reservations regarding judicial refashioning...
The Supreme Court has entered a new era of separation of powers formalism. Others have addressed man...
This Article examines the constitutional basis of the federal courts’ independent exercise of “inher...
Many wonder if the separation of powers is going to be reinvigorated by the new appointees to the fe...
In 2011, Congress enacted the America Invents Act (“AIA”), largely in order to provide more effectiv...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
Bowsher v. Synar is the latest in a series of recent cases in which the Supreme Court has elaborated...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
Is the federal judiciary truly an independent body? A quick glance at the Constitution would suggest...
In Northern Pipeline Construction Co. v. Marathon Pipe Line Co., the Supreme Court held unconstituti...
Last week, the U.S. Supreme Court upheld the constitutionality of certain adjudications of patent ri...