scholarly journals En Banc Review in Federal Circuit Courts: A Reassessment

1974 ◽  
Vol 72 (8) ◽  
pp. 1637
Keyword(s):  
Federal Circuit ◽  
Circuit Courts

Can a Casualty Loss Be Deducted in the Absence of Physical Damage?

2018 ◽  
Vol 16 (2) ◽  
pp. 65-74
Author(s):  
Dan L. Schisler ◽  
Andrew M. Wasilick
Keyword(s):  
Physical Damage ◽  
Permanent Reduction ◽  
Federal Circuit ◽  
Definition Of ◽  
Circuit Courts ◽  
The U.S

ABSTRACT When a casualty event (storm, fire, landslide, etc.) does not cause actual physical damage, can a casualty loss deduction be taken by a taxpayer for a permanent reduction in value? There are conflicting opinions by two federal circuit courts, and the definition of “permanent” is still largely undefined. The relevance of this issue is of increased importance with the numerous recent major casualties affecting the U.S. mainland and territories. The 9th Circuit has adamantly held that actual physical damage must occur to have a deductible casualty loss, whereas the 11th Circuit has held that a permanent decrease in value can qualify as a deductible casualty loss even with little or no actual physical damage to the property.

The Intergroup Foundations of Policy Influence

2018 ◽  
Vol 71 (4) ◽  
pp. 729-742 ◽  
Author(s):  
Rachael K. Hinkle ◽  
Michael J. Nelson
Keyword(s):  
Search And Seizure ◽  
Preference Aggregation ◽  
Policy Influence ◽  
Circuit Court ◽  
Professional Characteristics ◽  
Original Dataset ◽  
Federal Circuit ◽  
Group Memberships ◽  
Circuit Courts ◽  
Ingroup Favoritism

Most decisions about policy adoption require preference aggregation, which makes it difficult to determine how and when an individual can influence policy change. Examining how frequently a judge is cited offers insight into this question. Drawing upon the psychological concept of social identity, we suggest that shared group memberships can account for differences in policy influence. We investigate this possibility using the demographic and professional group memberships of federal circuit court judges and an original dataset of citations among all published search and seizure cases from federal circuit courts from 1990 to 2010. The results indicate that shared professional characteristics do tend to lead to ingroup favoritism in citation decisions while only partial evidence of such a pattern emerges for demographic group memberships. There is evidence of ingroup favoritism among female and minority judges but none for male or white judges. Overall, judges appear to generally have greater influence on judges with shared characteristics. The findings have vital implications for our understanding of the diversification of policy-making institutions.

Courtroom Proceedings in U.S. Federal Courts

2017 ◽  
Author(s):  
Timothy R. Johnson
Keyword(s):  
Supreme Court ◽  
Federal District ◽  
Federal Courts ◽  
District Courts ◽  
Open Court ◽  
Federal Circuit ◽  
Federal District Courts ◽  
Circuit Courts ◽  
The U.S

This article discusses courtroom proceedings in U.S. federal courts. It begins by examining how federal district courts conduct trials. To make clear how these proceedings run it compares what really happens in most trials compared to how Hollywood portrays trials. In addition, it considers several key rights associated with trial proceedings. From there, it considers how federal circuit courts conduct business in open court. A key aspect of this section is how circuit proceedings differ across the country because each circuit has different rules governing arguments. Finally, it assesses the oral arguments in the U.S. Supreme Court as well as how these proceedings may affect the decisions justices make. In each section it provides a descriptive overview of the processes and then discusses current research and direction for future analyses.

Selected Topics in Personnel Selection: Primarily in the Early to Mid-Years of the 20th Century

2005 ◽  
Vol 96 (3) ◽  
pp. 559-568
Author(s):  
Peter F. Merenda
Keyword(s):  
Personnel Selection ◽  
American Psychological Association ◽  
Historical Review ◽  
Courts Of Appeals ◽  
Government Agencies ◽  
American Psychological ◽  
The Supreme Court ◽  
The Usa ◽  
Federal Circuit ◽  
Circuit Courts

A brief historical review is presented of the events in the USA relating to personnel selection in business and industry from 1903 to 2003. Emphasis is placed on the early periods of the century through the midyears. Involved in these events have been applied psychologists, the American Psychological Association, Government Agencies, Federal, Circuit Courts of Appeals, and the Supreme Court.

scholarly journals Unplanned Obsolescence: Interpreting the Automatic Telephone Dialing System After the Smartphone Epoch

2020 ◽  
pp. 147
Author(s):  
Walter Allison
Keyword(s):  
Consumer Protection ◽  
New Technologies ◽  
Consumer Protection Act ◽  
Specific Device ◽  
Federal Circuit ◽  
Federal Statute ◽  
Definition Of ◽  
Circuit Courts ◽  
New Devices

Technology regulations succeed or fail based upon their ability to regulate an idea. Constant innovation forces legislators to draft statutes aimed at prohibiting the idea of a device, rather than a specific device itself, because new devices with new capacities emerge every day. The Telephone Consumer Protection Act (TCPA) is a federal statute that imposes liability based on the idea of an automatic telephone dialing system (ATDS). But the statute’s definition of the device is ambiguous. The FCC struggles to coherently apply the definition to new technologies, and courts interpret the definition inconsistently. Federal circuit courts have split over these inconsistent interpretations. This Note explains the problems associated with the TCPA’s definition and outlines a solution that ensures uniform and workable enforcement of federal rules.

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