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Brief Of Amici Curiae Law Professors In Support Of Petitioner Goss International Corp., Salil Kumar Mehra, Jay Tidmarsh

Court Briefs

No. 07-618
Goss International Corp. v. Tokyo Kikai Seisakusho, Ltd.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit

From the Introduction and Summary of Argument

This case presents issues of jurisdiction, equity, and international comity that require this Court’s resolution. As we understand the facts, in 2003 the petitioner, Goss International, obtained a judgment under the Antidumping Act of 1916, 15 U.S.C. § 72 (2000) (repealed 2004), against the respondents, which are a Japanese corporation and its wholly-owned American subsidiary. The consonance between the Antidumping Act and the obligations of the …

Is There A Dormant Extraterritoriality Principle?: Commerce Clause Limits On State Antitrust Laws, Michael J. Ruttinger

Michigan Law Review

State antitrust laws ordinarily supplement federal law by providing a cause of action for anticompetitive activity that occurs in the state. Some states, however, have construed their antitrust regimes to reach conduct that occurs outside the state's boundaries. Such regulation raises significant federalism and Commerce Clause concerns by creating possible extraterritorial liability for conduct with virtually no in-state effect. This Note examines two Commerce Clause standards that may limit the degree to which state antitrust laws may exercise extraterritorial force-the "dormant" or "negative" Commerce Clause and the so-called "Extraterritorial Principle." Unfortunately, the dormant Commerce Clause test, as articulated in Pike …

The Common Law Genius Of The Warren Court, David A. Strauss

William & Mary Law Review

The Warren Court's most important decisions-on school segregation, reapportionment, free speech, and criminal procedure are firmly entrenched in the law. But the idea persists, even among those who are sympathetic to the results that the Warren Court reached, that what the Warren Court was doing was somehow not really law: that the Warren Court "made it up," and that the important Warren Court decisions cannot be justified by reference to conventional legal materials. It is true that the Warren Court's most important decisions cannot be easily justified on the basis of the text of the Constitution or the original understandings. …

Issue 2: Annual Survey 2007 Table Of Contents

University of Richmond Law Review

No abstract provided.

Corporate And Business Law, Gregory R. Bishop, Laurence V. Parker

University of Richmond Law Review

In 2005, the Virginia Stock Corporation Act (the "Virginia Act") was extensively revised and updated for the first time since 1985. Having just undertaken such a major revision to the Virginia Act,

the General Assembly further amended the Act in a more targeted fashion in 2006 and 2007. Section II of this article addresses some of the changes that have taken place since the 2005 amendments and gives a brief overview of some conforming changes that have been incorporated in the Virginia Nonstock Corporation Act (the "Nonstock Act").

There has also been a concerted effort to conform the language and …

Exclusion Confusion? A Defense Of The Federal Circuit's Specific Exclusion Jurisprudence, Peter Curtis Magic

Michigan Law Review

Specific exclusion has become a controversial limitation on the doctrine of equivalents, which is itself an essential and controversial area of patent law. The doctrine of equivalents allows a patentee to successfully claim infringement against devices that are outside of the literal reach of the language used by the patentee in her patent to describe what she claims as her invention. The Supreme Court has prescribed some of the outer limits of the doctrine of equivalents and articulated the underlying policy concerns that inform its analysis-noting that courts should balance protection of the patentee's intellectual property with the public's reasonable …

Supreme Court Report 2006-2007: Closing Of The Courthouse Doors?, Julie M. Cheslik, Andrea Mcmurty, Kristin Underwood

Faculty Works

This article reviews the decisions of the U.S. Supreme Court for the 2006-2007 term focusing on decisions of particular relevance to state and local government. In reviewing those decisions, we focus on the shifts in the Court over time on those issues.

The expectation that the Supreme Court would shift to the right came to fruition in the 2006-07 term by the sheer lack of clear decisions on the merits. Time and again, the Court decided cases on the standing issue, never reaching the merits and frustrating litigants and citizens attempts to define their rights. Yale law professor Judith Resnick …

Umpires At Bat: On Integration And Legitimation, Neil S. Siegel

Faculty Scholarship

During his confirmation hearings. Chief Justice Roberts captured the public's imagination when he offered an interpretation of the role that judges play in our society when interpreting the Constitution. Judges and Justices are servants of the law, not the other way around, he said. Judges are like umpires. Umpires don't make the rules, they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules, but it is a limited role. Nobody ever went to a ball game to see an umpire.

In this inquiry, I identify some tensions between the …

Embracing The Living Constitution: Justice Anthony M. Kennedy's Move Away From A Conservative Methodology Of Constitutional Interpretation, Lisa K. Parshall

North Carolina Central Law Review

No abstract provided.

Reading Too Much Into Reeder-Simco?, Jeremy M. Suhr

Michigan Law Review

This Note argues that a careful analysis of the Supreme Court's opinion in Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc. demonstrates that, despite the expansive dicta appearing in part IV of that opinion, the Court did not intend to reshape the course of its Robinson-Patman Act jurisprudence in any significant way. The Court's opinion operated well within the confines of established Robinson-Patman Act doctrine, even if its searching review of the evidence presented at trial represented a rare foray into the arena of factual error correction. After Reeder-Simco, however, many commentators emphasized the dicta in part IV …

Section 1: The Executive Power & The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 6: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 9: Looking Ahead, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 8: Judicial Modesty, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 2: Moot Court, Guantanamo Detainees & The Military Commissions Act, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

2007-2008 Supreme Court Preview: Contents, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 3: The Roberts Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

2007-2008 Supreme Court Preview: Schedule, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 5: Business, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 4: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 7: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

A Dream Deferred, Lewis M. Steel '63

Articles and Writings

No abstract provided.

Native America And The Rule Of Law, Dr. Joe Shirley Jr.

University of Richmond Law Review

No abstract provided.

Justice Kennedy And The Environment: Property, States' Rights, And A Persistent Search For Nexus, Michael C. Blumm, Sherry L. Bosse

Washington Law Review

Justice Anthony Kennedy, now clearly the pivot of the Roberts Court, is the Court's crucial voice in environmental law cases. Kennedy's central role was never more evident than in the two most celebrated environmental cases of the last few years, Kelo v. City of New London and Rapanos v. United States, as he supplied the critical vote in both. Kennedy has in fact been the needle of the Supreme Court's environmental law compass since his nomination in 1988. Although he wrote surprisingly few environmental law opinions over his first eighteen years on the Court, Kennedy was in the majority …

From "Navigable Waters" To "Constitutional Waters": The Future Of Federal Wetlands Regulation, Mark Squillace

University of Michigan Journal of Law Reform

Wetlands regulation in the United States has a tumultuous history. The early European settlers viewed wetlands as obstacles to development, and they drained and filled wetlands and swamps at an astounding rate, often with government support, straight through the middle of the twentieth century. As evidence of the ecological significance of wetlands emerged over the last several decades, programs to protect and restore wetlands became prominent. Most notable among these is the permitting program under section 404 of the Clean Water Act. That provision prohibits dredging or filling of "navigable waters, " defined by law to mean "waters of the …

The Press As An Interest Group: Mainstream Media In The United States Supreme Court, Eric Easton

All Faculty Scholarship

There can be little doubt that the institutional press is an interest group to be reckoned with in the Supreme Court, its aversion to such a designation notwithstanding. Over the past century, and especially since 1964, the press has secured for itself the greatest legal protection available anywhere in the world. While some of that protection has come from Congress, by far the greatest share has come from the Supreme Court's expansive interpretation of the First Amendment's Press Clause. Although the role of the press in American politics has been studied extensively for nearly two centuries, the role of the …

Warming Up To Climate Change Litigation, Jonathan H. Adler

Faculty Publications

There was never any doubt that Massachusetts v. Environmental Protection Agency (“Mass. v. EPA”) would be a closely watched and hotly contested case. The surprise in Mass. v. EPA is the facility and ease with which the Court dispatched opposing arguments and redefined prior precedents. Not content to widen doctrines on the margins, Justice Stevens’s majority opinion blazed a new path through the law of standing and unearthed newfound regulatory authority for the EPA.

Now that EPA has authority to regulate greenhouse gases, regulatory controls on motor vehicles (as well as on other sources of greenhouse gases, including …

Issue 4: Symposium Table Of Contents

University of Richmond Law Review

No abstract provided.

Author Index

University of Richmond Law Review

No abstract provided.

Case Index

University of Richmond Law Review

No abstract provided.