For years, the Supreme Court and the Federal Circuit have dismissed state law claims by small inventors on the grounds that federal patent law preempts state laws offering patent-like protections. Recently, David Wawrzynski, a man who claims he invented the idea for Heinz’s new “Dip & Squeeze®” ketchup packet, filed state law claims against Heinz alleging it stole his idea. Instead of dismissing his claims, the Federal Circuit transferred the case to another court for a decision on the merits. This Casenote explores precedent and policy in an effort to understand why claims related to this ketchup packet invention were lucky enough to escape dismissal.
The Supreme Court recently revisited the scope of the Fifth Amendment's Takings Clause--this time, in the land-use permitting context. In this Casenote, the author argues that the Court in Koontz v. St. Johns properly prioritized the right at issue over the means by which the government might infringe upon it and, in so doing, provided a broader jurisprudential view of property protections under the U.S. Constitution.
NEWS & EVENTS
March 05, 2014What an Originalist Would Understand “Corruption” to Mean
Founded in 1912, CLR publishes six times per year on a variety of engaging topics in legal scholarship.
The law review is edited and published entirely by students at Berkeley Law.