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Full-Text Articles in Law
Patent Law As Public Law, Megan M. La Belle
Patent Law As Public Law, Megan M. La Belle
Scholarly Articles
Historically, patent litigation has been viewed and treated primarily as private law litigation, as opposed to public law litigation. This paradigm has begun to shift, however, as various stakeholders have come to acknowledge the profound impact that the patent system – and particularly invalid patents – have on the public at large. Yet, in order for a public law regime to succeed, there must be a host of enforcement mechanisms available, including the opportunity for privately-initiated litigation.
Public interest organizations have played a prominent role in the enforcement of certain public rights, such as free speech, equal protection, and environmental …
The Case Of The Retired Justice: How Would Justice John Paul Stevens Have Voted In J. Mcintyre Machinery, Ltd. V. Nicastro?, Rodger D. Citron
The Case Of The Retired Justice: How Would Justice John Paul Stevens Have Voted In J. Mcintyre Machinery, Ltd. V. Nicastro?, Rodger D. Citron
Scholarly Works
No abstract provided.
What’S Sovereignty Got To Do With It?: Due Process, Personal Jurisdiction And The Supreme Court, Wendy Collins Perdue
What’S Sovereignty Got To Do With It?: Due Process, Personal Jurisdiction And The Supreme Court, Wendy Collins Perdue
Law Faculty Publications
In this symposium contribution I do two things. First, I explore the relationship between sovereignty and due process in personal jurisdiction in some of the more problematic aspects of the Nicastro opinions. I conclude that, although at one time the concept of sovereignty provided an important analytic component of personal jurisdiction analysis, this is largely no longer true.
The Inextricable Merits Problem In Personal Jurisdiction, Cassandra Burke Robertson
The Inextricable Merits Problem In Personal Jurisdiction, Cassandra Burke Robertson
Faculty Publications
In 1984, Hollywood star Shirley Jones convinced the Supreme Court to adopt an effects-based test for personal jurisdiction when she brought suit in California against a Florida defendant for defaming her reputation. After adopting the test in Calder v. Jones, the Court never returned to the issue, and in fact avoided personal jurisdiction questions entirely for more than two decades. This past spring, however, the Supreme Court not only revisited the personal jurisdiction doctrine but also signaled an intention to return to personal jurisdiction issues in the near future, with two justices calling specifically for development of the doctrine in …