Add to ORKGMistakes matter in law, even the smallest ones. What would happen if a small but substantively meaningful typographical error appeared in the earliest published version of a U.S. Supreme Court opinion and remained uncorrected for several decades in versions of the decision published by the two leading commercial companies and in several online databases? And what would happen if judges, legal commentators, and practitioners wrote opinions, articles, and other legal materials that incorporated and built on that mistake? In answering these questions, this Article traces the widespread, exponential replication of an error (first appearing in 1928) in numerous subsequent cases and other law and law-related sources; explores why the phenomenon o...
In this Essay, the author argues that in assessing the performance of the intellectual property laws...
In this Essay, I wish to build on Professor Waldron\u27s thoughtful analysis by saying something mor...
Through empirical research, this article examines whether the patent system of the United States sho...
This Article begins with what should seem a relatively straightforward proposition: it is impossible...
Court proceedings are rarely perfect – far from it. Errors happen regularly before and during litiga...
The Supreme Court of the United States has long embraced the doctrine of stare decisis as an appropr...
In a common law jurisdiction, according to the principle of stare decisis judges are bound to interp...
The Supreme Court follows the Doctrine of Stare Decisis, of which dictates that the Court must follo...
p\u3eFrom false convictions to botched executions, from erroneous admission of evidence in a crimina...
In this Article, I argue that the preclusive effect of precedent raises due-process concerns, and, o...
This Article, a contribution to a symposium on constitutional foundations, maintains that an unappre...
Speak to enough lawyers (especially litigators) about their experiences grappling with binding appel...
'Stare Decisis' or 'stay with what has been decided' has long been understood as a fundamental prin...
The paper discusses the history of the English law doctrine according to which the mistake of law (e...
The paper discusses the history of the English law doctrine according to which the mistake of law (e...
In this Essay, the author argues that in assessing the performance of the intellectual property laws...
In this Essay, I wish to build on Professor Waldron\u27s thoughtful analysis by saying something mor...
Through empirical research, this article examines whether the patent system of the United States sho...
This Article begins with what should seem a relatively straightforward proposition: it is impossible...
Court proceedings are rarely perfect – far from it. Errors happen regularly before and during litiga...
The Supreme Court of the United States has long embraced the doctrine of stare decisis as an appropr...
In a common law jurisdiction, according to the principle of stare decisis judges are bound to interp...
The Supreme Court follows the Doctrine of Stare Decisis, of which dictates that the Court must follo...
p\u3eFrom false convictions to botched executions, from erroneous admission of evidence in a crimina...
In this Article, I argue that the preclusive effect of precedent raises due-process concerns, and, o...
This Article, a contribution to a symposium on constitutional foundations, maintains that an unappre...
Speak to enough lawyers (especially litigators) about their experiences grappling with binding appel...
'Stare Decisis' or 'stay with what has been decided' has long been understood as a fundamental prin...
The paper discusses the history of the English law doctrine according to which the mistake of law (e...
The paper discusses the history of the English law doctrine according to which the mistake of law (e...
In this Essay, the author argues that in assessing the performance of the intellectual property laws...
In this Essay, I wish to build on Professor Waldron\u27s thoughtful analysis by saying something mor...
Through empirical research, this article examines whether the patent system of the United States sho...