I. Patents, Antitrust, and Competition
At the end of the October 2014 term, the Supreme Court decided a seemingly mundane case involving municipal sign ordinances.
Applying a precedent is the fundamental craft of a common-law judge. Judges do not go back to general principles to derive novel solutions to each case at hand, along with novel justifications and renewed persuasion efforts.
I. The Tyranny Paradox and the Limits of Rule 23(b)(2)