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Forthcoming 2019: Trial by Jury: Why it Works and Why it Matters


Forthcoming 2019

Forthcoming 2019 is a section from the Everyday Evidence Legal Blog that highlights recent papers from attorneys and professors from across the legal spectrum. These recent and soon-to-be publications offer readers a chance to see a wide range of issues from different legal fields.


Today’s Forthcoming 2019 features:

American University Law Review


Many members of this court, me included, have written forewords for this issue of the American University Law Review.  We should, given this issue’s regular focus on the work of the U.S. Court of Appeals for the Federal Circuit and the consistently high quality of the issue’s content.  I applaud the Law Review for making publication of this journal issue an enduring priority, and I commend all who have had a hand in making it happen.

Previous forewords from my colleagues and I have focused on the history, formation, and mission of the Federal Circuit, on changes and challenges it has faced over the years, and on suggestions or concerns for its future. This year, I want to shift focus. I want to take this opportunity—this bully pulpit—to address a topic that is important to me:  the fact that patent cases are being used as a vehicle to criticize and chip away at our Seventh Amendment right to a jury trial.  I am troubled by this trend and believe we all should be concerned about it—gravely so.

* Circuit Judge, U.S. Court of Appeals for the Federal Circuit. 

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