This article is about the pharma patent litigation sparked by Lundbeck’s blockbuster drug for 'escitalopram', a drug used for treating depression and generalized anxiety disorder. The article focuses on the trials and tribulations before the Dutch Patent Court of Appeal and the Supreme Court,...

In this paper, we study judicial attitudes and decision-making in mass litigation in the light of social sciences, namely rational choice theory and behavioural economics. These insights offer complementary views that are relevant in times where judges have been assigned increased...

Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court’s jurisprudence across a...

This essay addresses the proper scope of judicial intervention in the field of election administration. It argues that the Supreme Court would generally do best to leave issues of election administration to the lower courts, at least in the short term. The essay begins by surveying the doctrinal...

We develop a model that determines when and how time-consistent and forward-looking courts should set and reform legal rules (a normative theory for dynamically efficient courts.) We explicitly take into account that: 1) the optimal rules most likely are not the same for all periods of time; 2)...

Legal scholars have long emphasized the corrosive impact of conflict on long-term commercial and interpersonal relationships. To minimize the negative consequences of such conflict, members of close-knit groups who anticipate future interactions create ways to resolve their disputes using...

For over two centuries Americans have debated whether judges should be elected or appointed. While the explicitly framed tension has been about the relative importance of judicial independence and judicial accountability in a democracy, the underlying issue has been about which structure better...

Follower notices, introduced in Finance Act 2014, can in certain avoidance situations be served on a taxpayer by HMRC (the UK revenue authority) where HMRC is of the opinion that the principles or reasoning of a decided case would deny the tax advantage in dispute. Such a taxpayer, who persists...