Expected Audience: Law Students
First I'd like to say I'm sorry this post is coming so late. After
my midterms I was a little behind on the readings in all my classes. And the
hurricane that came through certainly didn't help.
Circuit splits are nothing new, nor are they particularly concentrated
in one area of law over another. I found this site when looking on information on circuits
splits. Circuits split over things as simple as how to serve process on foreign nationals to things as essential as interpreting fundamental
parts of our Constitution.
Doug's proposal for specialized courts is certainly
interesting. If the government and the judicial branch had infinite resources I
would certainly endorse it. However, in reality the judicial branch has a
limited budget and specialized courts for copyright cases would cost a great
deal of money.
I think the strongest argument for specialized copyright courts is
the fact that there needs to be a strong knowledge of copyright law on the part
of judges for correct rulings to be made. What I think is being overlooked is
one of the roles lawyers play in our legal system. Lawyers are advocates,
mediators, and occasionally negotiators. The role lawyers play in our system
that is often overlooked is that of an educator.
The education point is great. For those interested in reading more, I'd like to point you to the preamble to the ABA Model Rules of Professional Conduct: http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_preamble_scope.html
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