Toward a Cautious Approach to Obeisance:  The Role of Scholarship in Federal Circuit Patent Law Jurisprudence

Nard, Craig Allen

doi:10.2139/ssrn.335100

Cited by 1 publication

(1 citation statement)

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“…Backer (2000) argued for a positive engagement of "outsider" scholarship in legal analysis, while Rhode (2002) proposed infusing empirical data into legal proposition and analysis to strengthen the validity of argument and an interdisciplinary approach to legal analysis. Legal scholars propose that empirical scholarship may reveal the effect of law and lead to reflective decision making (Nard, 2002). Scientific research may demonstrate the effects of a statute in operation and assured that the rules of law are not divorced from the empirical world (Mitchell, 2004).…”

Section: Impact the Litigation And A New Standard For Fapementioning

confidence: 99%

Peer-Reviewed Research and Individualized Education Programs (IEPs): An Examination of Intent and Impact

Etscheidt

Curran

2010

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The reauthorized Individuals with Disabilities Education Act (IDEA) requires Individualized Education Program (IEP) teams to base the selection of special education, related services, and supplementary aids and services on peer-reviewed research (PRR) to the extent practicable. This article examines the intended purpose of the PRR provision and its impact on the development of IEPs. Intent is examined through the legislative history of the PRR requirement. The impact of the PRR provision is illustrated in an analysis of litigation and a presentation of critical commentary on the application of empirical research, based on scientific method, to establish the efficacy of special education interventions. Recommendations to assist IEP teams in the selection of PRR-based methods are provided.

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Section: Impact the Litigation And A New Standard For Fapementioning

confidence: 99%