Frenemies of the Court: The Many Faces of Amicus Curiae

Frenemies of the Court: The Many Faces of Amicus Curiae

Helen A. Anderson* Ask any lawyer what an “amicus curiae” is, and you will be told that the term means “friend of the court.”[1] The term has positive, even warm, connotations. Amicus briefs provide additional information or perspectives to assist courts in deciding...
Does the Presumption of Validity Matter? An Experimental Assessment

Does the Presumption of Validity Matter? An Experimental Assessment

Jeremy W. Bock* “We don’t know exactly how often the presumption makes a difference to a case outcome.”[1] In patent law, the presumption of validity[2] exerts a profound influence on litigation strategy.[3] It has attracted criticism—not only from academics but also...
Testing Sex

Testing Sex

Rachel Rebouché* A revolution has happened in prenatal testing. Ushering in this change is a new prenatal test that relies on a simple blood sample collected from a pregnant woman.[1] From the beginning of pregnancy, cell-free fetal DNA travels across the placental...
Same-Sex Marriage and Due Process Traditionalism

Same-Sex Marriage and Due Process Traditionalism

Ronald Turner* The Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution provide that the federal and state governments shall not deprive persons of life, liberty, or property without due process of law.[1] More than a guarantee...
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