Justice Kagan and Stare Decisis

Justice Kagan and Stare Decisis

  Supreme Court Justice Elena Kagan has staked out a position for herself as the Supreme Court’s foremost defender of stare decisis. That doctrine holds that today’s Court ought to stand by yesterday’s decisions. Respecting stare decisis sometimes means sticking...
Good-bye, Morrison v. Olson

Good-bye, Morrison v. Olson

  United States v. Arthrex, last week’s much-anticipated Supreme Court decision which concluded that the Patent and Trademark Appeal Board (PTAB) is unconstitutionally structured, is unlikely to have a major impact on PTAB operations. The Court “fixed” the...