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Full-Text Articles in Law

The Justiciability Of Cancelled Patents, Greg Reilly Jan 2022

The Justiciability Of Cancelled Patents, Greg Reilly

Washington and Lee Law Review

The recent expansion of the Patent Office’s power to invalidate issued patents raises a coordination problem when there is concurrent litigation, particularly where the federal courts have already upheld the patent’s validity. The Federal Circuit has concluded that Patent Office cancellation extinguishes litigation pending at any stage and requires vacating prior decisions in the case. This rule is widely criticized on doctrinal, policy, and separation of powers grounds. Yet the Federal Circuit has reached (almost) the right outcome, except for the wrong reasons. Both the Federal Circuit and its critics overlook that the Federal Circuit’s rule reflects ...


Personal Jurisdiction And National Sovereignty, Ray Worthy Campbell Mar 2020

Personal Jurisdiction And National Sovereignty, Ray Worthy Campbell

Washington and Lee Law Review

State sovereignty, once seemingly sidelined in personal jurisdiction analysis, has returned with a vengeance. Driven by the idea that states must not offend rival states in their jurisdictional reach, some justices have looked for specific targeting of individual states as individual states by the defendant in order to justify an assertion of personal jurisdiction. To allow cases to proceed based on national targeting alone, they argue, would diminish the sovereignty of any state that the defendant had specifically targeted.

This Article looks for the first time at how this emphasis on state sovereignty limits national sovereignty, especially where alien defendants ...


Categorical Confusion In Personal Jurisdiction Law, Todd Peterson Jun 2019

Categorical Confusion In Personal Jurisdiction Law, Todd Peterson

Washington and Lee Law Review

In Part I, the Article discusses the history of the U.S. Supreme Court’s substantive due process limitations on personal jurisdiction and, in particular, the standards for corporate-activities-based jurisdiction before the Court’s recent cases on that issue. Part II discusses the Court’s failure to provide a convincing theoretical justification for imposing substantive due process limitations on personal jurisdiction. It also discusses the consequences of that failure in three doctrinal areas of personal jurisdiction law, the traditional basis of service on an individual in the forum state, specific jurisdiction and corporate-activities-based jurisdiction. Part III then analyzes in detail ...


Torturous Transfers: Examining Detainee Habeas Jurisdiction For Nonremoval Challenges And Deference To Diplomatic Assurances , Kristin E. Slawter Sep 2013

Torturous Transfers: Examining Detainee Habeas Jurisdiction For Nonremoval Challenges And Deference To Diplomatic Assurances , Kristin E. Slawter

Washington and Lee Law Review

No abstract provided.


Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman Mar 2010

Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman

Washington and Lee Law Review

A libelplaintiffsued an American defendant in aforeign nation where he took advantage ofplaintiff-favoring defamation Law to obtain a heftyjudgment. He brings this judgment to the defendant's state in the United States to collect from her bank account. The defendant 's state's court could not have entered the plaint /ffs judgment because offirst-Amendment doctrines that stem from New York Times v. Sullivan. How should the U.S. court respond to the "libel tourist" and his judgment? This succinct Article summarizes the tangled tale that emerges. Invoking the First Amendment under a public-policy exception to comity, U.S. courts have ...


Jurisdictional Discovery In United States Federal Courts, S. I. Strong Mar 2010

Jurisdictional Discovery In United States Federal Courts, S. I. Strong

Washington and Lee Law Review

No abstract provided.


The Primary Jurisdiction Doctrine: Competing Standards Of Appellate Review, Aaron J. Lockwood Mar 2007

The Primary Jurisdiction Doctrine: Competing Standards Of Appellate Review, Aaron J. Lockwood

Washington and Lee Law Review

No abstract provided.


Congress Gave And Congress Hath Taken Away:1 Jurisdiction Withdrawal And The Constitution, Travis Christopher Barham Jun 2005

Congress Gave And Congress Hath Taken Away:1 Jurisdiction Withdrawal And The Constitution, Travis Christopher Barham

Washington and Lee Law Review

No abstract provided.


The Devil In Us. V. Jones: Church Burnings, Federalism, And A New Look At The Hobbs Act, Thomas Heyward Carter, Iii Sep 2002

The Devil In Us. V. Jones: Church Burnings, Federalism, And A New Look At The Hobbs Act, Thomas Heyward Carter, Iii

Washington and Lee Law Review

No abstract provided.


Script Kiddies Beware: The Long Arm Of U.S. Jurisdiction To Prescribe, John Eisinger Sep 2002

Script Kiddies Beware: The Long Arm Of U.S. Jurisdiction To Prescribe, John Eisinger

Washington and Lee Law Review

No abstract provided.


Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper Jun 2002

Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper

Washington and Lee Law Review

No abstract provided.


After Steel Co.: "Hypothetical Jurisdiction" In The Federal Appellate Courts, Joan Steinman Jun 2001

After Steel Co.: "Hypothetical Jurisdiction" In The Federal Appellate Courts, Joan Steinman

Washington and Lee Law Review

No abstract provided.


The Supreme Court's Plenary Docket, Margaret Meriwether Cordray, Richard Cordray Jun 2001

The Supreme Court's Plenary Docket, Margaret Meriwether Cordray, Richard Cordray

Washington and Lee Law Review

No abstract provided.


Ambassadorial Waiver Of Foreign State Sovereign Immunity To Domestic Adjudication In United States Courts, Andrew B. Pittman Mar 2001

Ambassadorial Waiver Of Foreign State Sovereign Immunity To Domestic Adjudication In United States Courts, Andrew B. Pittman

Washington and Lee Law Review

No abstract provided.


The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk Jan 2001

The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk

Washington and Lee Law Review

No abstract provided.


Restitution On Behalf Of Indirect Purchasers: Opening The Backdoor To Illinois Brick, Ivy Johnson Jun 2000

Restitution On Behalf Of Indirect Purchasers: Opening The Backdoor To Illinois Brick, Ivy Johnson

Washington and Lee Law Review

No abstract provided.


Agency Adjudication, The Importance Of Facts, And The Limitations Of Labels, William D. Araiza Mar 2000

Agency Adjudication, The Importance Of Facts, And The Limitations Of Labels, William D. Araiza

Washington and Lee Law Review

No abstract provided.


The Origins Of Judicial Review Revisited, Or How The Marshall Court Made More Out Of Less, Gordon S. Wood Jun 1999

The Origins Of Judicial Review Revisited, Or How The Marshall Court Made More Out Of Less, Gordon S. Wood

Washington and Lee Law Review

No abstract provided.


How Not To Imitate John Marshall, Lewis H. Larue Jun 1999

How Not To Imitate John Marshall, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.


Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer Jun 1999

Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer

Washington and Lee Law Review

No abstract provided.


Invading An Article Iii Court's Inherent Equitable Powers: Separation Of Powers And The Immediate Termination Provisions Of The Prison Litigation Reform Act, Theodore K. Cheng Jun 1999

Invading An Article Iii Court's Inherent Equitable Powers: Separation Of Powers And The Immediate Termination Provisions Of The Prison Litigation Reform Act, Theodore K. Cheng

Washington and Lee Law Review

No abstract provided.


The Origins Of Judicial Review: A Historian's Explanation, Charles F. Hobson Jun 1999

The Origins Of Judicial Review: A Historian's Explanation, Charles F. Hobson

Washington and Lee Law Review

No abstract provided.


Must Courts Raise The Eleventh Amendment Sua Sponte?: The Jurisdictional Difficulty Of State Sovereign Immunity, F. Ryan Keith Jun 1999

Must Courts Raise The Eleventh Amendment Sua Sponte?: The Jurisdictional Difficulty Of State Sovereign Immunity, F. Ryan Keith

Washington and Lee Law Review

No abstract provided.


Pleading To Stay In State Court: Forum Control, Federal Removal Jurisdiction, And The Amount In Controversy Requirement, Russell D. Jessee Mar 1999

Pleading To Stay In State Court: Forum Control, Federal Removal Jurisdiction, And The Amount In Controversy Requirement, Russell D. Jessee

Washington and Lee Law Review

No abstract provided.


Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya Jan 1998

Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya

Washington and Lee Law Review

No abstract provided.


World Wide Web Advertising: Personal Jurisdiction Around The Whole Wide World?, Christopher W. Meyer Jun 1997

World Wide Web Advertising: Personal Jurisdiction Around The Whole Wide World?, Christopher W. Meyer

Washington and Lee Law Review

No abstract provided.


Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney Jun 1993

Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney

Washington and Lee Law Review

No abstract provided.


Case Comments S. Sovereign Immunity Goldstar (Panama) S.A. V. United States Jan 1993

Case Comments S. Sovereign Immunity Goldstar (Panama) S.A. V. United States

Washington and Lee Law Review

No abstract provided.


Inconsistent Judgments, John C. Mccoid, Ii Mar 1991

Inconsistent Judgments, John C. Mccoid, Ii

Washington and Lee Law Review

No abstract provided.


Nonideological Judicial Reform And Its Limits-The Report Of The Federal Courts Study Committee, George D. Brown Sep 1990

Nonideological Judicial Reform And Its Limits-The Report Of The Federal Courts Study Committee, George D. Brown

Washington and Lee Law Review

No abstract provided.