William & Mary
James Y. Stern

James Y. Stern

Associate 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, Conflict of Laws

Representative Professional Activities and Achievements

James Y. Stern joined the William & Mary faculty in 2013. His scholarship centers on property and private law theory, intellectual property, and conflict of laws. His articles have been selected for publication in the California Law Review, the Harvard Law Review, the Michigan Law Review, and the Virginia Law Review. He currently teaches Torts, the Intellectual Property Survey Course, and an advanced property seminar. He was awarded the Temple Bar Scholarship by the American Inns of Court Foundation in 2011 and is an honorary member of the Commercial Bar Association for England and Wales.

Professor Stern clerked for Justice Anthony Kennedy on the U.S. Supreme Court and for Judge J. Harvie Wilkinson on the U.S. Court of Appeals for the Fourth Circuit. He received his J.D. from the University of Virginia, where he was awarded the Traynor Prize for the best paper by a graduating student and named a John M. Olin Law and Economics Fellow. He was inducted into the Order of the Coif and the Raven Society, the university’s principal academic honor association.

Professor Stern received his undergraduate degree from Harvard, where he studied American history and literature and wrote his honors thesis on the influence of Friedrich Nietzsche on H.L. Mencken. He was awarded the John Harvard Scholarship and was selected to serve as the Harvard-Shrewsbury Fellow upon graduation.

Before coming to William & Mary, Professor Stern was Research Assistant Professor at University of Virginia Law School.

Scholarly Publications
  • The Essential Structure of Property Law, 115 Mich. L. Rev. 1167 (2017). SSRN.
  • Intellectual Property and the Myth of Non-rivalry, working paper.
  • Intellectual Possession, working paper (with Dotan Oliar).
  • The Positive Law Model of the Fourth Amendment, 129 Harv. L. Rev. ___ (forthcoming 2017) (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., forthcoming Cambridge University Press). SSRN.
  • 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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