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Author: Jeremy Bock

Restructuring the Federal Circuit

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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 →
Jeremy Bock May 6, 2014 JIPEL Vol. 3 – No. 2
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