Law Commons^™

Infringement & The International Reach Of U.S. Patent Law, Moin A. Yahya, Cameron Hutchison

Moin A Yahya

American Patent Law, through both judicial and legislative efforts, has evolved from a strict territorial based set of laws asserting jurisdiction only over those infringements taking place on American soil to a more expansive set of rules asserting jurisdiction over any event that may harm patent holders in the United States regardless of where the infringement is taking place. This, we argue, is contrary to the original purpose of Patent Law and inconsistent with American obligations under the International Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). We argue for a return to territorial based rules of jurisdiction. Such a …

The Universal Declaration Of Human Rights At Sixty: Is It Still Right For The United States?, Tai-Heng Cheng

Tai-Heng Cheng

Many scholars and human rights advocates have hailed the Universal Declaration of Human Rights as a triumph for the human rights movement. The occasion of its sixtieth anniversary in 2008 provides pause to appraise if in fact it has been a success and whether it still is of any value to the United States. To conduct such an appraisal, this article reviewed the contemporaneous records of negotiations leading to the adoption of the Declaration by the UN General Assembly. It also reviewed the decisions of U.S. federal and state courts, the International Court of Justice, and Australian courts that have …

Jurisdictionality And Bowles V. Russell, Scott Dodson

Scott Dodson

When is a limitation “jurisdictional,” and when is it not? Litigators encounter these questions all the time in statutory coverage issues, in time limitations, and in a host of other preconditions. They are critical, for jurisdictional limitations are not subject to waiver or equitable exceptions, may be raised at any time, and obligate courts to monitor and raise them sua sponte. In Bowles v. Russell, the Court held that the statutory time limitation for filing a notice of appeal is jurisdictional. This essay critiques Bowles, predicts some of the difficulties that it might cause, and offers a better approach.

A Alteração Do Regimento Interno Do Supremo Tribunal Federal Para A Aplicação Da Repercussão Geral Da Questão Constitucional No Recurso Extraordinário, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

Mandatory Gun Ownership, The Militia Census Of 1806, And Background Assumptions Concerning The Early American Right To Arms: A Cautious Response To Robert Churchill, William G. Merkel

William G. Merkel

The Forum Defendant Rule In Arkansas, Scott Dodson

Scott Dodson

This article analyzes the circuit split (between the Eighth Circuit and the other circuits) on the jurisdictionality of the forum defendant rule, the rule that prevents a resident defendant from removing a state case to federal court on diversity grounds.

European Law In American Courts: Foreign Law As Evidence Of Domestic Law, Eric A. Engle

Eric A. Engle

The article outlines instances where the U.S. Supreme Court has considered E.U. laws (and foreign law, generally) in its decision making process to explain how and when foreign law may be succesfully invoked by litigants.