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Full-Text Articles in Law

Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron Jan 2021

Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron

Scholarly Works

No abstract provided.


Setting Foot On Enemy Ground: Cease-And-Desist Letters, Dmca Notifications And Personal Jurisdiction In Declaratory Judgment Actions, Marketa Trimble Jan 2010

Setting Foot On Enemy Ground: Cease-And-Desist Letters, Dmca Notifications And Personal Jurisdiction In Declaratory Judgment Actions, Marketa Trimble

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In declaratory judgment actions brought by alleged infringers against rights holders, such as actions for declaration of invalidity or non-infringement of intellectual property rights, U.S. courts have long maintained that sending a cease-and-desist letter alone, absent other acts in an alleged infringer's forum, is not a sufficient basis for personal jurisdiction over the rights holder who mailed them to the alleged infringer's forum. Notwithstanding the similarities between cease-and-desist letters and notifications under the Digital Millennium Copyright Act (DMCA), the Tenth Circuit Court of Appeals recently decided that sending a notification alone does establish a basis for personal jurisdiction over the …


There's A Pennoyer In My Foyer: Civil Procedure According To Dr. Seuss, Elizabeth Chamblee Burch Oct 2009

There's A Pennoyer In My Foyer: Civil Procedure According To Dr. Seuss, Elizabeth Chamblee Burch

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This is what it purports to be: a Seussian take on civil procedure. It’s a short, fun essay that covers (1) the iron triangle of civil procedure - the role of lawyers, judges, and juries, and (2) prominent civil procedure doctrines, such as personal jurisdiction, Erie, pleading, discovery, and joinder.


Jurisdiction, Jurisprudence And Legal Change: Sociological Jurisprudence And The Road To International Shoe, Logan E. Sawyer Iii Jan 2001

Jurisdiction, Jurisprudence And Legal Change: Sociological Jurisprudence And The Road To International Shoe, Logan E. Sawyer Iii

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While scholars espousing ideological explanations have noted the correlation between the intellectual trends of the New Deal and International Shoe, they have not demonstrated the strength of this connection. Some merely assert that ideology caused International Shoe,12 while others point to only very general similarities between International Shoe and the ideology of the age.' 3 This Article attempts to strengthen the ideological explanation by examining closely the intellectual context of International Shoe. That examination reveals that the decision did not result simply from the expansion of interstate business or the inherent weakness of the Pennoyer system. Instead, International Shoe was …


Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel Jan 1998

Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel

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Many scholars of the dispute resolution system perceive a sea change in attitudes toward adjudication that took place in the mid-1970s. Among the events of the time included the Pound Conference, which put the Chief Justice of the United States and the national judicial establishment on record in favor of at least some refinement, if not restriction, on access to courts. In addition, Chief Justice Burger, the driving force behind the Pound Conference, also used his bully pulpit as Chief Justice of the Supreme Court to promote ADR, particularly court-annexed arbitration. The availability of judicial adjuncts such as court-annexed arbitration …


On Bringing The Justice Mission Conference Back Home, Marjorie A. Silver Jan 1992

On Bringing The Justice Mission Conference Back Home, Marjorie A. Silver

Scholarly Works

No abstract provided.