Experts Judging Experts: The Role of Expertise in Reviewing Agency Decision Making. Issue 1 (22nd March 2012) - Miller, Banks
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.