Experts Judging Experts: The Role of Expertise in Reviewing Agency Decision Making

Document Type

Article

Publication Date

12-27-2018

Publication Title

Law & Social Inquiry

DOI

10.1111/j.1747-4469.2012.01296.x

ISSN

0897-6546

Abstract

What role does judicial subject matter expertise play in the review of agency decisions? Using a data set of decisions in which the Board of Patent Appeals and Interferences (BPAI) is reviewed by the Court of Appeals for the Federal Circuit, we investigate this question and find that greater subject matter expertise does make it more likely that a judge will vote to reverse an agency decision.

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