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The Federal Circuit - A Judicial Innovation



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We are happy to report that the second edition of Steve Flanders' book, "The Federal Circuit: A Judicial Innovation," has been published and is available for purchase. 

The Federal Courts Improvement Act of 1982 created the United States Court of Appeals for the Federal Circuit.  As Dr. Flanders points out, this legislation affected the most substantial structural change in the federal judicial establishment since the “judges’ bill” of 1925 by creating a permanent Article III court of nationwide jurisdiction for the first time since the short-lived Commerce Court of 1910.  Of special importance in the history of the federal judiciary, the Act embodies the idea of multiple specializations which is an entirely new concept. This history shows how the past had unfolded into the present as the Federal Circuit has established a sound, permanent and essential place for itself within the federal judiciary.

For additional information, please contact Maria Mirra at maria.mirra@finnegan.com.

Payment Options:  (1) PayPal (below); or (2) Check, payable to The Federal Circuit Historical Society, mailed to the following address:

George E. Hutchinson
The Federal Circuit Historical Society
c/o Finnegan Henderson
901 New York Avenue, N.W.
Washington, DC 20001-4413


For Members: The Federal Circuit - A Judicial Innovation $32


For Non-Members: The Federal Circuit - A Judicial Innovation $40

 



The History of Madison Place - Lafayette Square

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The story of Madison Place on the east side of Lafayette Square involves both the houses that were built there in the early part of the 19th century, the individuals who occupied them, and the major events which occurred there. Madison Place is unique in providing a glimpse into the social and diplomatic life of Washington and the residents of this historic place who helped to guide the nation through colorful, exciting and even tragic years.  

Fortunately, two of these original residential houses on Madison Place have been preserved and are among the sites of historical and cultural significance still remaining in the capital city.  To capture the spirit of this place and its long history, George Hutchinson and the Federal Circuit Historical Society undertook to writing and publishing this book as one of its key projects.

For additional information, please contact Maria Mirra at maria.mirra@finnegan.com.

Payment Options:  (1) PayPal (below); or (2) Check, payable to The Federal Circuit Historical Society, mailed to the following address:

George E. Hutchinson
The Federal Circuit Historical Society
c/o Finnegan Henderson
901 New York Avenue, N.W.
Washington, DC 20001-4413

For Members: The History of Madison Place - Lafayette Square $32

For Non-Members: The History of Madison Place - Lafayette Square $40

 





Journals

The Journal of the Federal Circuit Historical Society is an annual publication that preserves the history of the United States Court of Appeals for the Federal Circuit. 














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Vol. 1 (2007) The first issue was devoted to the memory of the life, roles, and accomplishments of the first Chief Judge of the Court Howard T. Markey (1920-2006).

Included in this inaugural issue of the Journal there is a biography of Judge Chief Markey by a close friend and colleague Professor Sherman Cohn of Georgetown University.  Known for his humor and words of substance, both his wit and wisdom are captured in two articles: one is by a former law clerk Joe Re and the other by Herb Mintz and David Cohen.  There is also an article on the National Courts Building on Madison Place, Lafayette Square which has been named in his honor.  Also included in this first issue are memorial tributes by Associate Justice Antonio Scalia, Chief Judge Paul R. Michel, Joe Re, and Donald R. Dunner and a transcript of an oral history of Chief Judge Markey by a panel of judges and associates.
 


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Vol. 2 (2008) The second volume contains articles about Lafayette Square and particularly some of the individuals who have contributed to its history particularly Chief Judge Marvin Jones and Wilson Cowen of the United States Court of Claims, and Benjamin Ogle Tayloe whose house on Madison Place is part of the National Courts Building Complex.  Separate articles have been included on the Trade Jurisdiction of the Federal Circuit and the Article III Status of the Court.
 


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Vol. 3 (2009) In this third issue of the Journal, the Society celebrates the life and contributions of Judge Giles S. Rich on the tenth anniversary of his passing.  One of the nation's most enduring and accomplished jurist, Judge Rich rendered unparalleled service to the development of the U.S. patent law both during his private practice career and in his work on the U.S. Court of Customs and Patent Appeals ("CCPA") and the U.S. Court of Appeals for the Federal Circuit.  He was one of the Judiciary's leading intellectual lights, and we remember him with respect, admiration and fondness in this Journal issue.
 


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Vol. 4 (2010)  In this issue the Society’s body of historical writings is enlarged by providing articles on and by the late Judge Edward S. Smith; the creation of the Federal Circuit and the history of the Merit Systems Protection Board whose decisions the Court reviews. Also included in this issue are articles on the Court’s Lafayette Square environs and historical figures and events which mark this significant location.
 


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Vol. 5 (2011)  This volume includes remembrances of the late Judge Daniel Friedman; edited transcripts of two recent lectures in the Society’s ongoing series, one on the Air Traffic Controller’s Strike in 1981 which led to litigation in the Federal Circuit, and the second on the Confederate Patent Office during the Civil War; personal reflections on the United States Court of International Trade from 1980 to date by Judge Leo M. Gordon; a biography of William Thornton, the first Commissioner of Patents and architect of the Capitol Building; and 1891 address by the Commissioner of Patents on the centennial celebration of the patent system.
 

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Vol. 6 (2012)  Judge Glenn L. Archer, Jr. (1929-2011) was the Assistant Attorney General in charge of the Tax Division of the Department of Justice in 1984 when he was nominated by President Ronald Reagan to be a Circuit Judge on the U.S. Court of Appeals for the Federal Circuit. He was the court's Chief Judge from 1994 to 1997. We remember Judge Archer in the biographical article by Timothy R. Holbrook, currently Associate Dean of Faculty and Professor of Law, Emory University School of Law, who served as a law clerk to Judge Archer and knows his subject well. All who met Judge Archer appreciated his warm, kind manner, but as Prof. Holbrook reminds us, he also will be known for the landmark opinions he authored, including in the case of Markman v. Westview Instruments, a decision that impacted patent litigation in the United States probably more than any other since the inception of the court.
 


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Vol. 7 (2013) Judge Oscar Hersh Davis (1914-1988) of the U.S. Court of Claims and the Federal Circuit was known for his intellect and love of the law. We open this issue of the Journal of the Federal Circuit Historical Society with a biographical article on Judge Davis by former law clerk Lynn Eccleston, who provides insights into the views and legal style that guided his decisions and opinions. She also gives a revealing glimpse into some of the philosophical differences among the judges that shaped the dynamic early life of the Federal Circuit.  
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Vol. 8 (2014) Helen W. Nies (1925-1996) was appointed by President Jimmy Carter to the United States Court of Customs and Patent Appeals in 1980.  She was the first woman ever to sit on that court.  She made history again in 1990, when she became the first female Chief Judge of the United States Court of Appeals for the Federal Circuit, on which she sat since its formation in 1982.  But most importantly, she left a legacy of judicial opinions that proved to be significant precedent for the court and the bar.  









 


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Vol. 9 (2015) The patent jurisdiction of the United States Court of Appeals for the Federal Circuit provides a rich variety of historical facets—from the purpose of the patent system, the evolution of statutory patent law and its judicial interpretation over the more than two centuries of American history, and the tribunals which have addressed those matters, to the arc of technology and innovation in the United States, its impact on the history of our nation, and the role the patent system played. In this issue of the Journal, our authors illuminate different facets of that story.


 








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Vol. 10 (2015) George Hutchinson has spent his long and continuing professional life in support of the judicial system, the judges and lawyers who make it work, and the public that it serves. He has assisted countless individuals from members of the bar to the most seasoned jurists, and has been a mentor to numerous young law clerks just starting in the legal profession.

Purchase a copy for $25 or support the Society by becoming a member for $50 annually ($25 for students, government employees, and retirees) and receive both the 2016 and 2017 issues of the Journal.

 






 

Copies of the Journal can be obtained from the Society at a cost of $25.00 per copy.

Payment Options:  (1) PayPal (below); or (2) Check, payable to The Federal Circuit Historical Society, mailed to the following address:

George E. Hutchinson
The Federal Circuit Historical Society
c/o Finnegan Henderson
901 New York Avenue, N.W.
Washington, DC 20001-4413

The Journal of the Federal Circuit Historical Society


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THE FEDERAL CIRCUIT HISTORICAL SOCIETY, c/o FINNEGAN HENDERSON,
901 NEW YORK AVENUE, NW, WASHINGTON, DC 20001-4413