Law Commons^™

The Origins Of Article Iii "Arising Under" Jurisdiction, Anthony J. Bellia

Anthony J. Bellia

Article III of the Constitution provides that the judicial Power of the United States extends to all cases arising under the Constitution, laws, and treaties of the United States. What the phrase arising under imports in Article III has long confounded courts and scholars. This Article examines the historical origins of Article III arising under jurisdiction. First, it describes English legal principles that governed the jurisdiction of courts of general and limited jurisdiction--principles that animated early American jurisprudence regarding the scope of arising under jurisdiction. Second, it explains how participants in the framing and ratification of the Constitution understood arising …

Article Iii: Cases & Controversies - Teaching The Already V. Nike Case, Corey A. Ciocchetti

Corey A Ciocchetti

Nike is the market leader selling athletic shoes worldwide. Already markets its products to a smaller segment of the athletic shoe market. These two companies battled at the intersection of the intellectual property, federal court jurisdiction and constitutional law. These slides help teach the Already v. Nike Supreme Court case. These slides cover issues such as Article III cases & controversies, intellectual property rights in trademarks and patents as well as mootness and standing doctrines.

Interagency Litigation And Article Iii, Joseph W. Mead

Georgia Law Review

Agencies of the United States often find themselves on
opposite sides of the "v. " in disputes ranging from alleged
unfair labor practices in federal agencies, to competing
statutory interpretations, to run-of-the mill squabbles over
money. Yet Article III's case-or-controversy requirement

includes--at a minimum-adverse parties and standing.
Courts have disagreed with one another over the extent to
which litigation between the sovereign and itself meets
Article III standards. Despite the volume of scholarship
on Article III standing, relatively little attention has been
paid to Article III's requirement of adverse parties in
general, or the justiciability of intrabranch litigation in
particular. …

Giving Consumers A Leg To Stand On: Finding Plaintiffs A Legislative Solution To The Barrier From Federal Courts In Data Security Breach Suits, Patricia Cave

Catholic University Law Review

No abstract provided.