Ninth Circuit Nursery

2021 ◽  
pp. 171-207
Author(s):  
Steven W. Usselman
Keyword(s):  
West Coast ◽  
Textual Analysis ◽  
Patent Law ◽  
Oil Drilling ◽  
Ninth Circuit ◽  
Circuit Court ◽  
Court Of Appeals ◽  
Federal Judiciary ◽  
Hydraulic Machinery ◽  
Appeals Court

Based on statistical and textual analysis of the 148 patent cases heard by the Ninth Circuit Court of Appeals from its creation through 1925, this chapter suggests that the appeals judges created a legal environment highly favorable to innovative West Coast enterprises. Their rulings consistently sided with local patent holders and alleged infringers over litigants from outside the circuit. Cases involving only local parties produced more mixed results, as judges sought to mediate disputes among competing regional suppliers, while insulating small proprietors from risks of infringement. Through these means, the appeals court actively shaped competition and influenced the course of innovation in such emergent fields as oil drilling and refining, hydraulic machinery, and food processing. The distinctiveness of Pacific Coast patent law diminished after 1915 under influence of a federal judiciary stacked with protégés of ex-President William Howard Taft, who became Chief Justice in 1921.

Constitutional Law in 1942–1943: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1942

1944 ◽  
Vol 38 (2) ◽  
pp. 266-288
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Supreme Court ◽  
West Coast ◽  
The United States ◽  
Japanese American ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
Set Up ◽  
The Right

On February 15, 1943, Wiley B. Rutledge, Jr., a judge of the United States Circuit Court of Appeals for the District of Columbia, took the seat on the Supreme Court vacated by the resignation in October, 1942, of Mr. Justice Byrnes. There were no other changes in the Court's personnel. Disagreement among the justices abated somewhat. In only a dozen cases of importance did either four or three justices dissent, as against some thirty cases in the last term. The Court overruled two earlier decisions, both recent; and the reversal in each case was made possible by the vote of Mr. Justice Rutledge.A. QUESTIONS OF NATIONAL POWER1. WAR POWER-CIVIL VERSUS MILITARY AUTHORITYWest Coast Curfew Applied to Japanese-American Citizens. In February, 1942, the President issued Executive Order No. 9066, which authorized the creation of military areas from which any or all persons might be excluded and with respect to which the right of persons to enter, remain in, or leave should be subject to such regulations as the military authorities might prescribe. On March 2, the entire West Coast to an average depth of forty miles was set up as Military Area No. 1 by the Commanding General in that area, and the intention was announced to evacuate from it persons of suspected loyalty, alien enemies, and all persons, aliens and citizens alike, of Japanese ancestry.

scholarly journals "A Period of Consequences"': Global Warming Legislation, Cooperative Federalism, and the Fight Between the EPA and the State of California

2017 ◽  
Author(s):  
Krista L. Cox
Keyword(s):  
Global Warming ◽  
Clean Air Act ◽  
Environmental Concerns ◽  
Environmental Legislation ◽  
Plain Language ◽  
Ninth Circuit ◽  
Circuit Court ◽  
Court Of Appeals ◽  
Clean Air ◽  
Cooperative Federalism

In 2005, California enacted Assembly Bill 1493, also known as the Pavley Bill which set out to regulate greenhouse gas emissions from vehicular sources. For the Pavley Bill to take effect, however, California needed a waiver of Clean Air Act preemption. Two years after California’s request, the EPA, in an unprecedented move, denied the waiver. California promptly filed suit in the Ninth Circuit Court of Appeals and the case remains pending. This paper argues the Clean Air Act, as Congress originally envisioned, represents the best model for environmental legislation - a form of "modified" or cooperative federalism. In denying California’s waiver request, the EPA renders this cooperative federalism model ineffective; the EPA’s decision intrudes on states’ rights and disregards environmental concerns. As such, the Ninth Circuit should give full weight to the system of cooperative federalism and environmental protection espoused in the plain language and congressional intent of the Clean Air.

AFSCME v. Washington: The Continued Viability of Title VII Comparable Worth Actions

1988 ◽  
Vol 17 (3) ◽  
pp. 315-322 ◽  
Author(s):  
William Scheibal
Keyword(s):  
Legal Status ◽  
The State ◽  
Title Vii ◽  
Comparable Worth ◽  
Public Attention ◽  
Trial Court ◽  
Ninth Circuit ◽  
Circuit Court ◽  
Court Of Appeals

The recent AFSCME v. Washington comparable worth case attracted significant public attention when plaintiffs won an initial $800 million judgment against the State of Washington, only to see the award overturned on appeal. This paper reviews the legal theories used by the trial court and the Ninth Circuit Court of Appeals. The current legal status of comparable worth is discussed, with particular emphasis on the applicability and precedential value of the Ninth Circuit's opinion for comparable worth cases in other jurisdictions. Analysis indicates that conflicts between the Ninth Circuit holding and opinions in other circuits provide a continuing opportunity for aggrieved employees to pursue claims under comparable worth or closely related legal theories.

Rugged Justice: The Ninth Circuit Court of Appeals and the American West, 1891-1941.

1995 ◽  
Vol 82 (1) ◽  
pp. 282
Author(s):  
Linda Przybyszewski ◽  
David C. Frederick
Keyword(s):  
American West ◽  
Ninth Circuit ◽  
Circuit Court ◽  
Court Of Appeals

scholarly journals United States v. Lozoya

2020 ◽  
Vol 8 (4) ◽  
pp. 1-8
Author(s):  
Daeja Pemberton
Keyword(s):  
United States ◽  
Criminal Procedure ◽  
Fair Trial ◽  
Ninth Circuit ◽  
Circuit Court ◽  
Court Of Appeals ◽  
Clear Cut ◽  
Territorial Jurisdiction ◽  
The U.S

The U.S. Constitution protects one’s right to a fair trial in a proper venue. Typically, venue is proper in whatever territorial jurisdiction a defendant commits an offense. But this rule is not as clear-cut when the offense takes place in a special jurisdiction, such as American airspace. A court must then determine whether the offense continued into the venue of arrival, making it proper under the Constitution. This issue was reexamined when Monique Lozoya assaulted another passenger on an airplane during a domestic flight. In United States v. Lozoya, the Ninth Circuit Court of Appeals failed to correctly identify the assault as a “continuing offense” and in doing so risked harming the criminal procedure process for prosecutors and offenders alike.

scholarly journals Constitutional Aspects of Physician-Assisted Suicide After Lee v. Oregon

1997 ◽  
Vol 23 (1) ◽  
pp. 69-96
Author(s):  
Simon M. Canick
Keyword(s):  
Assisted Suicide ◽  
Due Process ◽  
Physician Assisted Suicide ◽  
Bodily Integrity ◽  
Equal Protection Clause ◽  
Ninth Circuit ◽  
Circuit Court ◽  
Court Of Appeals ◽  
Ill Adults ◽  
The U.S

Dying is personal. And it is profound. For many, the thought of an ignoble end, steeped in decay, is abhorrent. A quiet, proud death, bodily integrity intact, is a matter of extreme consequence.—Justice William BrennanTwo recent circuit court decisions have reinvigorated the debate over the constitutional, practical and ethical ramifications of physician-assisted suicide. In Compassion in Dying v. Washington, the Ninth Circuit Court of Appeals held that a liberty interest exists in choosing the time and manner of one’s death. The court found this right to outweigh all asserted state interests, and concluded that, with respect to competent, terminally ill adults, Washington’s prohibition of assisted suicide violates the Due Process Clause of the U.S. Constitution. The ruling effectively strikes down laws against assisted suicide in all of the states in the Ninth Circuit.In April 1996, in Quill v. Vacco, the Second Circuit Court of Appeals held that New York’s prohibition of assisted suicide violates the U.S. Constitution’s Equal Protection Clause.

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