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Full-Text Articles in Law
“The Grass That Gets Trampled When Elephants Fight”: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack
“The Grass That Gets Trampled When Elephants Fight”: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack
Beth Van Schaack
This article analyzes the outcome of the Kampala process with an eye toward the rarely-considered gender aspects of the crime of aggression, whether or not the provisions adopted represent an advancement for women, and how aspects of feminist theory might interpret the new regime. The Article concludes that any impact of the provisions will inevitably be limited by gaps and ambiguities in the definition of the crime and the jurisdictional regime, which is premised on state consent and exempts non-states parties altogether. At the same time, the insertion of the crime of aggression in the Rome Statute enables the prosecution …
The Uses Of Indispensable Sovereigns: Pimentel And The Evolution Of Rule 19, Katherine J. Florey
The Uses Of Indispensable Sovereigns: Pimentel And The Evolution Of Rule 19, Katherine J. Florey
Katherine J. Florey
This Article attempts to fill some of the gap in academic treatment of Rule 19 by considering an important and timely issue in the Rule’s application. It makes the argument that, while Rule 19 was originally intended to facilitate the consolidation of litigation by authorizing mandatory joinder of absent parties, it has evolved in an important subset of cases to serve a nearly opposite purpose. That is, in many cases where a party may be affected by the litigation but cannot be joined because it is a sovereign possessing immunity from suit, courts have developed a near-categorical rule that the …
You Infringed My Patent, Now Wait Until I Sue You: The Federal Circuit’S Decision In Avocent Huntsville Corp. V. Aten International Co., Marta Vanegas
You Infringed My Patent, Now Wait Until I Sue You: The Federal Circuit’S Decision In Avocent Huntsville Corp. V. Aten International Co., Marta Vanegas
Marta R. Vanegas LL.M.
The Federal Circuit recently held that it lacked personal jurisdiction over a foreign defendant, because neither the patentee’s sales within the forum state, nor their patent enforcement letters constituted sufficient contacts for personal jurisdiction. This Note argues that the Federal Circuit erroneously held that a patentee’s sales in the forum state are irrelevant to specific personal jurisdiction. The Note surveys the legal background of personal jurisdiction in declaratory judgment actions, particularly in the patent context. The Note then argues that the Federal Circuit's recent line of cases incorrectly held that a patentee’s sales of the patented product within the forum …
The Structural Safeguards Of Federal Jurisdiction, Tara L. Grove
The Structural Safeguards Of Federal Jurisdiction, Tara L. Grove
Tara L. Grove
Scholars have long debated Congress’s power to curb federal jurisdiction and have consistently assumed that the constitutional limits on Congress’s authority (if any) must be judicially enforceable and found in the text and structure of Article III. In this Article, I challenge that fundamental assumption. I argue that the primary constitutional protection for the federal judiciary lies instead in the bicameralism and presentment requirements of Article I. These Article I lawmaking procedures give competing political factions (even political minorities) considerable power to “veto” legislation. Drawing on recent social science and legal scholarship, I argue that political factions are particularly likely …
Amicus Brief, First American Financial Corp. V. Edwards, No. 10-708, Scott Dodson
Amicus Brief, First American Financial Corp. V. Edwards, No. 10-708, Scott Dodson
Scott Dodson
No abstract provided.
O'Connell V. Chapman Univ., No. 10-810, Scott Dodson
O'Connell V. Chapman Univ., No. 10-810, Scott Dodson
Scott Dodson
No abstract provided.