The Supreme Court’s Accidental Revolution? The Test for Permanent Injunctions

By: Mark. P. Gergen, John M. Golden & Henry E. Smith

 

A brusque opinion by the U.S. Supreme Court in a patent case has launched a revolution in the law of equitable remedies. The Court’s opinion in eBay Inc. v. MercExchange, ...READ MORE

The Article II Safeguards of Federal Jurisdiction

By: Tara Leigh Grove

 

Jurisdiction stripping has long been treated as a battle between Congress and the federal judiciary. Scholars have thus overlooked the important (and surprising) role that the executive branch has played in these jurisdictional struggles. This Article seeks ...READ MORE

Recognizing Race

By: Justin Driver

 

Judges habitually decide whether to identify individuals racially within the context of judicial opinions. Yet this practice, which this Essay labels “recognizing race,” has thus far gone virtually unexplored by legal scholars. The dearth of scholarly attention to ...READ MORE

 

Reframing the Right: Using Theories of Intangible Property to Target Honest Services Fraud After Skilling

By: Brette M. Tannenbaum

 

Few federal criminal statutes have been as widely charged—and widely criticized—as the honest services statute, 18 U.S.C. § 1346. Primarily, this is because federal prosecutors have used the statute to charge corrupt officials with mail or wire ...READ MORE

Time Waits for No Man—But Is Tolled for Certain Post-Judgment Motions: Federal Rule of Appellate Procedure 4(A)(4) and the Fate of Withdrawn Post-Judgment Motions

By: Lena Husani Hughes

 

In 2007, the Supreme Court, in Bowles v. Russell, determined that Federal Rule of Appellate Procedure 4(a)(6)’s appeal deadline is a jurisdictional requirement. Failure to meet the deadline cannot be excused, as it divests the court of ...READ MORE