William & Mary
James Y. Stern

James Y. Stern

Professor of Law
Degrees: J.D., University of Virginia School of Law; A.B., Harvard College
Email: [[jystern]]
Office phone: (757) 221-1341
Office location: Room 227A
Personal web page: here
Areas of Specialization

Property, Intellectual Property, Patent, Copyright, Trademark, Trade Secrecy, Privacy, Private Law Theory, Conflict of Laws, Torts, Remedies

Representative Professional Activities and Achievements

James Y. Stern joined the William & Mary faculty in 2013. His scholarship centers on property and private law theory and on intellectual property, privacy, and related issues. His articles have been published in leading legal journals including the California Law Review, the Harvard Law Review, the Michigan Law Review, and the Virginia Law Review and have been cited by various courts including the United States Supreme Court. At William & Mary, he currently teaches Intellectual Property, Property, and Torts. He is a recipient of the Thomas Edison Innovation Fellowship from the Center for the Protection of Intellectual Property, the Plumeri Award for Faculty Excellence from William & Mary, and the Temple Bar Scholarship from the American Inns of Court Foundation.

Professor Stern received his undergraduate degree from Harvard University, after which he taught history in England as the Harvard-Shrewsbury Fellow. He received his J.D. from the University of Virginia, where he served as Articles Development Editor of the Virginia Law Review and was awarded the Traynor Prize for the best paper by a graduating student. He clerked for Judge J. Harvie Wilkinson on the U.S. Court of Appeals for the Fourth Circuit and for Justice Anthony Kennedy on the U.S. Supreme Court.

Professor Stern has participated in appellate and intellectual property litigation in various capacities. He is a member of the Virginia bar as well as an honorary member of the Commercial Bar Association for England and Wales.

Scholarly Publications
  • Right on Time: First Possession in Property and Intellectual Property, 99 B.U. L. Rev. 395 (2019) (with Dolan Oliar). SSRN.
  • Patent Incontestability, working paper (with Saurabh Vishnubhakat).
  • Hohfeld and The Third Man, working paper.
  • Intellectual Property & The Myth of Nonrivalry, working paper.
  • The Essential Structure of Property Law, 115 Mich. L. Rev. 1167 (2017). SSRN.
  • The Positive Law Model of the Fourth Amendment, 129 Harv. L. Rev. 1821 (2016) (with William Baude). SSRN.
  • Property, Exclusivity, and Jurisdiction, 100 Va. L. Rev. 111 (2014). SSRN.
  • Property's Constitution, 101 Cal. L. Rev. 277 (2013). SSRN.
  • Choice of Law, the Constitution and Lochner, 94 Va. L. Rev. 1509 (2008). SSRN.
Book Chapters
  • What Is the Right to Exclude And Why Does It Matter?, in Property Theory: Legal and Political Perspectives (M.H. Otsuka & J.E. Penner eds., Cambridge University Press 2018). SSRN.
  • Property, Intellectual Property, and Regulation, in The Cambridge Handbook Of Classical Liberal Thought (M. Todd Henderson ed., Cambridge University Press 2018).
  • Sovereignty, Territoriality, and the Enforcement of Foreign Judgments, in Foreign Court Judgments and the United States Legal System 13 (Paul Stehan ed., 2014) (with George Rutherglen). SSRN.
  • ABC v. Aereo and the Humble Judge, 9 NYU J.L. Liberty 81 (2015). SSRN.
  • Indirect Purchaser Suits and Jurisdictional Competition, Global Comp. Rev. (2013). SSRN.

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