Law | Open Access Articles | Digital Commons Network™

Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky Jun 2017

Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

Three-Dimensional Sovereign Immunity, Sarah L. Brinton Mar 2013

Three-Dimensional Sovereign Immunity, Sarah L. Brinton

Sarah L Brinton

The Supreme Court has erred on sovereign immunity. The current federal immunity doctrine wrongly gives Congress the exclusive authority to waive immunity (“exclusive congressional waiver”), but the Constitution mandates that Congress share the waiver power with the Court. This Article develops the doctrine of a two-way shared waiver and then explores a third possibility: the sharing of the immunity waiver power among all three branches of government.

Go to article

An Offensive Weapon?: An Empirical Analysis Of The 'Sword' Of State Sovereign Immunity In State-Owned Patents, Tejas N. Narechania Sep 2010

An Offensive Weapon?: An Empirical Analysis Of The 'Sword' Of State Sovereign Immunity In State-Owned Patents, Tejas N. Narechania

Tejas N. Narechania

In 1999, the Supreme Court invoked state sovereign immunity to strike down provisions in the patent and trademark laws purporting to hold states liable for the infringement of these intellectual properties. These decisions ignited a series of criticisms, including allegations that sovereign immunity gives states an unfair advantage in the exercise of state-owned patent rights.

In particular, critics alleged two unfair advantages to state patentees. First, they alleged that states would favorably manipulate litigation. Second, they alleged that states would use their immunity from challenge to obtain broad patents or force private parties into licensing arrangements. An empirical study focusing …