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Full-Text Articles in Law
Living The World War - A Retrospective, Donald N. Zillman, Elizabeth Elsbach
Living The World War - A Retrospective, Donald N. Zillman, Elizabeth Elsbach
Maine Law Review
Living the World War is a 1200-page, two volume study of America’s participation in World War I. The week-by-week review tries to place the reader in the position of an American citizen of a century ago who “lived” the War years without knowing what might come next. The authors’ sources are the daily editions of the New York Times and the pages of the Congressional Record—two documents available to the informed citizen of 1916 to 1919. The crucial issues of a century ago have helped shape American law and policy that is relevant today to such issues as the nature …
State Immunity Doctrine: Demoting The Patent System, Charles C. Wong
State Immunity Doctrine: Demoting The Patent System, Charles C. Wong
Maine Law Review
Congress enacted the Patent Remedy Clarification Act (PRCA) in 1992, which authorized patent holders to sue a state for patent infringement in federal court. The PRCA clearly expressed Congress's intent to abrogate Eleventh Amendment state sovereign immunity as required by Atascadero State Hospital v. Scanlon. In 1996, Seminole Tribe v. Florida changed the landscape of congressional power to abrogate state immunity by declaring Congress may do so only if acting pursuant to its powers under section 5 of the Fourteenth Amendment. In his dissent, Justice Stevens forecasted that the Seminole Tribe decision would effectively leave patent holders injured by an …