When the Roberts Court Turns Into the Kennedy Court: End-of-Term Thoughts

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1 Response

  1. Frank says:

    What’s also left in suspense is what happens when two segments of the business community are in conflict…as, say, in the patent cases.

    I like your Kuhnian take on Kennedy rhetoric; for a nice commentary on the problem of revolutionary science in patent jurisprudence, see

    http://madisonian.net/archives/2007/04/30/thoughts-on-ksr-3/

    on “the Supreme Court’s somewhat opaque and occasionally florid instructions” on interpreting the statute.