Patent Law——Prevailing Patent Owner Presumptively Entitled to Injunctive Relief Against Infringing Use of Patented Invention——MercExchange, L.L.C. v. eBay, Inc., 401 F.3d 1323 (Fed. Cir. 2005).

Apr 27, 2006 | Case Comments, Number 3, Print Edition, Volume 39

Article I, section 8 of the Constitution promotes progress in the arts and sciences by granting inventors exclusive right to their discoveries for a limited time.  For almost 100 years, courts have recognized the patentee’’s right to exclude others from making...

Human Smuggling Across the U.S.-Mexico Border: U.S. Laws Are Not Stopping It

Apr 15, 2006 | Notes, Number 3, Print Edition, Volume 39

In 1999, smuggled aliens constituted fourteen percent of all apprehensions made at the U.S.-Mexico border [the border], up from nine percent in 1997.  That number has increased as the human smuggling industry grows in popularity and necessity.  Fearing they cannot...

Constitutional Law/Criminal Procedure——Expanding the Scope of the Double Jeopardy Clause to Prohibit Reconsideration of Mid-Trial Acquittals——Smith v. Massachusetts, 543 U.S. 462 (2005)

Apr 15, 2006 | Case Comments, Number 3, Print Edition, Volume 39

The Double Jeopardy Clause prevents the government from subjecting an individual to multiple criminal prosecutions for the same offense.  In so doing, it protects an individual’s interest in the finality of acquittals and it protects him from suffering any prejudice...

Health Law——Actual Injury From Medical Device Not Required to Confer Standing in Claim For Medical Monitoring——Sutton v. St. Jude Medical, S.C., Inc., 419 F.3d 568 (6th Cir. 2005)

Apr 15, 2006 | Case Comments, Number 3, Print Edition, Volume 39

Under the Supreme Court’’s interpretation of Article III of the United States Constitution, a plaintiff must suffer an injury-in-fact in order to obtain standing in federal court.  Recently, courts have relaxed this requirement and have awarded medical...

Malpractice Claims Resulting from Negligent Preconception Genetic Testing: Do These Claims Present a Strain of Wrongful Birth or Wrongful Conception, and Does the Categorization Even Matter?

Apr 15, 2006 | Notes, Number 3, Print Edition, Volume 39

Medical advancements currently allow parents to undergo preconception or neonatal genetic testing to determine the likelihood of a childhood defect.  The advent of genetic testing has compelled courts to develop novel causes of action based on traditional negligence...

Sex Predators and Federal Habeas Corpus: Has the Great Writ Gone AWOL?

Apr 15, 2006 | Lead Articles, Number 3, Print Edition, Volume 39

It is hardly news that convicted sex predators—especially those who prey on young people and women— occupy the lowest rung of society.  This is not surprising; even among their fellow felons, who themselves are regarded as second-class citizens, sex predators are...