Topic
Majority opinion
About: Majority opinion is a research topic. Over the lifetime, 4107 publications have been published within this topic receiving 54845 citations. The topic is also known as: opinion of the court.
Papers published on a yearly basis
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Posted Content•
TL;DR: This article found that when justices ask more questions of the petitioner's attorney, the Court is significantly less likely to reverse the lower court decision, and that the side that asks more questions is more likely to lose their case.
Abstract: This paper tests whether Supreme Court justices tip their hands at oral arguments. Specifically, we test whether, when justices ask more questions of one side, that side is more likely to lose their case. The findings support the theory; namely, when justices ask more questions of the petitioner's attorney the Court is significantly less likely to reverse the lower court decision.
29 citations
Journal Article•
29 citations
Posted Content•
TL;DR: A brusque opinion by the U.S. Supreme Court in a patent case has launched a revolution in the law of equitable remedies as mentioned in this paper, and lower courts have understood eBay to abrogate longstanding approaches.
Abstract: A brusque opinion by the U.S. Supreme Court in a patent case has launched a revolution in the law of equitable remedies. The Court’s opinion in eBay Inc. v. MercExchange, L.L.C. asserted that it was merely upholding “traditional principles” regarding when injunctions should issue. But in circuit after circuit and for subject matter ranging from federal constitutional law to state tort law, lower courts have understood eBay to abrogate longstanding approaches. Focusing on the law for permanent injunctions, this Article examines the eBay opinion and the far-reaching changes that have resulted. For a better perspective on these changes, this Article discusses how courts historically have addressed equity’s traditional concerns with risks of irreparable injury and the balance of hardships. Finally, this Article provides a normative account of the structured sets of equitable presumptions and safety valves that current understandings of eBay threaten to sweep aside.
28 citations
TL;DR: This paper examined the relationship between the outcomes of cases in the lower courts after Supreme Court remands and several conditions that seem likely to affect the strength of the Court's authority, and found that most of these conditions have a significant impact on outcomes.
Abstract: In the relationship between the Supreme Court and lower courts, one important issue is the extent to which lower court judges recognize and respond to the Supreme Court's authority. This article explores the Court's authority through a study of cases remanded by the Court during the 1965-1974 terms. We examine the relationship between the outcomes of cases in the lower courts after Supreme Court remands and several conditions that seem likely to affect the strength of the Court's authority. The statistical results indicate that most of these conditions have a significant impact on outcomes. More broadly, these results provide evidence that the Court's authority is a significant force in shaping the behavior of judges in the lower courts.
28 citations