4 ms·

Seems cool I'm just psyched to learn it has multiple separate subject-matter segregated appeals courts. Always looked like a saner approach than geographicall

• belorn 3y ago
  There are benefits but also drawback to such system. The benefit is as you say that judges have more specialized expertise, which also mean that other judges don't need to dive deep into expert areas outside of their own. The drawback however tend to be a much higher risk of regulative capture, especially in areas of patent and copyright. A general judge might have a easier time creating a balance decision than a judge who been previous been working as a expert lawyer for large companies for several decades. The above events illustrate this a bit by how they lost on first instance because the system assumed that cases are about commercial entities which has contractual obligation between them. It took the supreme-like court that is specialized on legal procedures, rather than a court specialized on contract, to see the issue in the correct context.
  • dmoy 3y ago
    Oh interesting, are French judges appointed based on their prior law practice expertise? In the US there is that problem somewhat, with the cafc. But probably <50%, it also has a lot of academics and government lawyers too.