Restructuring the Federal Circuit By Jeremy W. Bock* A pdf version of this article may be downloaded here. Introduction I. The Current State A. Internal Mechanisms for Quality Control 1. Before Issuance: Review of Precedential Opinion 2. After Issuance: The En Banc Process B. Existing Proposals in the Literature II. The Cognitive and Situational Barriers to Self-Correction A. The Curse of Expertise 1. Underestimation of Difficulties of Non-Experts 2. Resistance to Correction 3. Aggravating Factors B. The Knowing-Doing Gap 1. Consistency and Conviction 2. The Need to Maintain Collegiality or Détente 3. Lack of Urgency III. Surmounting the Barriers to Self-Correction A. Combating the Curse of Expertise with District Judges B. Combating the Knowing-Doing Gap with Rotations IV. Concerns and Objections A. Stability of Case Law B. Quality of Adjudication C. Are There Less Radical Alternatives? Conclusion Continue reading →
