Recent Scholarship Related to the Federal Circuit

This month we highlight three recent papers addressing the Federal Circuit and the areas of law under its jurisdiction. One paper promotes the idea of allowing agencies, such as Veterans Affairs, to aggregate individual claims, such as through class action lawsuits. Another paper focuses on the impact of the Supreme Court’s affirmance of the Federal Circuit’s conclusion that the statutory ban on registration of immoral marks is unconstitutional. And the third paper proposes that appellate courts defer to jury determinations of fair use of copyrights—a standard of review the Federal Circuit notably did not use in its consideration of the dispute between Google and Oracle now pending at the Supreme Court.

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