A Functional Approach To Judicial Review Of Ptab Rulings On Mixed Questions Of Law And Fact,
2019
University of Michigan Law School
A Functional Approach To Judicial Review Of Ptab Rulings On Mixed Questions Of Law And Fact, Rebecca S. Eisenberg
Articles
The Court of Appeals for the Federal Circuit (“Federal Circuit”) has long relied on active appellate review to bring uniformity and clarity to patent law. It initially treated the PTO the same as the federal district courts, reviewing its factual findings for clear error and its legal conclusions de novo. Following reversal by the Supreme Court in Dickinson v. Zurko, the Federal Circuit began giving greater deference to PTO factual findings. But it continued to review the PTO’s legal conclusions de novo, while coding an expansive list of disputed issues in patent cases as legal conclusions, even when they …
Establishment Of Religion Supreme Court Appellate Division Third Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Establishment Of Religion Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Equal Protection Supreme Court Appellate Division Third Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Equal Protection Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Rockland County,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Supreme Court Appellate Division Third Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division Second Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Pringle V. Wolfe (Decided 28, 1996),
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Pringle V. Wolfe (Decided 28, 1996)
Touro Law Review
No abstract provided.
Due Process People V. Scott (Decided June 5, 1996),
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.
Due Process Court Of Appeals,
2019
Touro University Jacob D. Fuchsberg Law Center
Supreme Court Queens County,
2019
Touro University Jacob D. Fuchsberg Law Center
Double Jeopardy,
2019
Touro University Jacob D. Fuchsberg Law Center
Double Jeopardy Supreme Court Appellate Division Second Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Double Jeopardy Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Double Jeopardy,
2019
Touro University Jacob D. Fuchsberg Law Center
State Standing For Nationwide Injunctions Against The Federal Government,
2019
Emory University School of Law
State Standing For Nationwide Injunctions Against The Federal Government, Jonathan R. Nash
Notre Dame Law Review
Recent years have seen a substantial increase of cases in which states seek, and indeed obtain, nationwide injunctions against the federal government. These cases implicate two complicated questions: first, when a state has standing to sue the federal government, and second, when a nationwide injunction is a proper form of relief. For their part, scholars have mostly addressed these questions separately. In this Essay, I analyze the two questions together. Along the way, I identify drawbacks and benefits of nationwide injunctions, as well as settings where nationwide injunctions may be desirable and undesirable. I present arguments that, although I do …
The Private Rights Of Public Governments,
2019
University of California, Berkeley School of Law
The Private Rights Of Public Governments, Seth Davis
Notre Dame Law Review
This Essay charts the analytical and doctrinal confusion arising from the category of “proprietary” interests in state standing law. This category might be taken literally to include only the ownership of property and interests that stem from it. It might refer to interests that are analogous to those that a private corporation might litigate, or instead to any type of financial injury a state might suffer. Other possibilities would limit “proprietary” interests to those interests recognized under the common law, or only those interests recognized under private law. Perhaps the most that can be said is that “proprietary” interests should …
Foreword: Some Puzzles Of State Standing,
2019
William and Mary Law School
Foreword: Some Puzzles Of State Standing, Tara L. Grove
Notre Dame Law Review
When should states have standing? In recent years, there has been an explosion in literature on that question. Yet, even today, there seem to be as many questions as answers. In this Foreword to the Notre Dame Law Review's 2019 Federal Courts, Practice, and Procedure Symposium on state standing, I discuss a few such puzzles. First, should states have “special” standing when they sue the federal government—that is, greater access to federal court than private parties? Second, and conversely, should states have at least “equal” access to federal court, or should they face more barriers than private parties? These …
Reining In State Standing,
2019
University of Virginia
Reining In State Standing, Ann Woolhandler, Michael G. Collins
Notre Dame Law Review
In upholding standing in Massachusetts v. EPA, Justice Stevens said that states “are not normal litigants for the purposes of invoking federal jurisdiction.” While one might agree that the states are not normal litigants, that abnormality might well suggest that states should get standing less easily than private parties.
As a historical matter, states were limited in the kinds of cases they could bring in the federal courts. States typically could not litigate their sovereignty interests (their powers to govern to the exclusion of other governments), nor could they litigate their parens patriae interests (the interests of their citizens) …
State Standing And National Injunctions,
2019
University of Cincinnati College of Law
State Standing And National Injunctions, Bradford Mank, Michael E. Solimine
Notre Dame Law Review
Most of the growing literature on national injunctions makes only passing mention, if at all, of states being plaintiffs or of the appropriateness of state standing and how it might bear on the geographic scope of an injunction. This Essay undertakes to fill that gap in a more extended way. Part I of the Essay addresses the issue of state standing in suits against the federal government, and argues that such standing is well grounded in the traditional parens patriae powers of states and should be permitted to protect the health, welfare, and natural resources of their citizens. That is, …
Whither Converging Narratives Of Justice In Transition? Transitional Justice And Judicial Reform In Taiwan,
2019
University of Washington School of Law
Whither Converging Narratives Of Justice In Transition? Transitional Justice And Judicial Reform In Taiwan, Agnes S. Schick-Chen
Washington International Law Journal
Referring to Taiwan’s recent transitional justice legislation as a first tentative step towards the possibility of judicial solutions for problems of injustice dating from the authoritarian era, this paper elaborates chances and difficulties of introducing the judiciary to the ongoing processes of coming to terms with the past in Taiwan. It intends to argue that apart from the specific circumstances of Taiwan’s transition to democracy after the lifting of martial law in 1987, the avoidance of a judicial approach to transitional justice was both caused by and the reason for a deficit in narratives of judicial justice. Together with the …
