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The Dtsa’S Federalism Problem: Federal Court Jurisdiction Over Trade Secrets, Conor Tucker
The Dtsa’S Federalism Problem: Federal Court Jurisdiction Over Trade Secrets, Conor Tucker
Fordham Intellectual Property, Media and Entertainment Law Journal
The Defend Trade Secrets Act of 2016 (“DTSA”) greatly expanded federal protection of trade secrets. But how many trade secrets were “federalized”? The short answer is: many, but not all. At the heart of the DTSA lies a mammoth jurisdictional problem: Congress only federalized certain trade secrets. Unlike copyrights and patents, Congress has no independent constitutional basis to regulate trade secrets. Instead, like trademarks, trade secrets are regulated under the commerce clause and must satisfy a jurisdictional element, which requires a nexus between interstate commerce and trade secrets. But unlike trademarks, Congress chose not to legislate to the fullest extent …
Panel Iii: United States V. Martignon - Case In Controversy, William Patry, David Patton, Robert W. Clarida, Marjorie Heins
Panel Iii: United States V. Martignon - Case In Controversy, William Patry, David Patton, Robert W. Clarida, Marjorie Heins
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
State Action Antitrust Exemption Collides With Deregulation: Rehabilitating The Foreseeability Doctrine, Elizabeth Trujillo
State Action Antitrust Exemption Collides With Deregulation: Rehabilitating The Foreseeability Doctrine, Elizabeth Trujillo
Fordham Journal of Corporate & Financial Law
No abstract provided.
White Knight?: Can The Commerce Clause Save The Religious Land Use And Institutionalized Persons Act?, Lara A. Berwanger
White Knight?: Can The Commerce Clause Save The Religious Land Use And Institutionalized Persons Act?, Lara A. Berwanger
Fordham Law Review
No abstract provided.
Old Whine In A New Battle: Pragmatic Approaches To Balancing The Twenty-First Amendment, The Dormant Commerce Clause, And The Direct Shipping Of Wine , Gordon Eng
Fordham Urban Law Journal
This Note examines the tension between the Twenty-First Amendment to the United States Constitution and the Dormant Commerce Clause, with respect to state regulations governing of out-of-state direct shipment of wine to consumers. The Constitution is not clear about where the boundaries of the Commerce Clause lie when Congress has not explicitly addressed an issue. This Note first recognizes the importance of history with respect to the Twenty-First Amendment. It further examines recent court decisions, identifying four approaches taken by federal courts to address this issue and the distinguishing factors that influence the courts' final holdings. Finally, this Note offers …
The Meaning Of Fair Apportionment And The Prohibition On Extraterritorial State Taxation , Bradley W. Joondeph
The Meaning Of Fair Apportionment And The Prohibition On Extraterritorial State Taxation , Bradley W. Joondeph
Fordham Law Review
No abstract provided.
Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden
Fordham Urban Law Journal
The Lautenberg Amendment to the Gun Control Act of 1968 was passed in 1996 with the purpose of preventing gun-related domestic violence. The Lautenberg Amendment's passage raises unique commerce clause issues, and the amendment is possibly unconstitutional. Part I of the article examines the Commerce Clause (and Tenth Amendment) challenges to the Lautenberg Amendment. It provides the history of cases thus far failing to successfully challenge the constitutionality of the Lautenberg Amendment. It then discusses the Supreme Court's decision in Morrison v. Olson, that struck down the civil remedies provision of the Violence Against Women Act as a violation of …
Reno V. Condon: The Supreme Court Takes A Right Turn In Its Tenth Amendment Jurisprudence By Upholding The Constitutionality Of The Driver's Privacy Protection Act, Richard T. Cosgrove
Reno V. Condon: The Supreme Court Takes A Right Turn In Its Tenth Amendment Jurisprudence By Upholding The Constitutionality Of The Driver's Privacy Protection Act, Richard T. Cosgrove
Fordham Law Review
No abstract provided.
The Essential Governmental Function After National League Of Cities: Impact Of An Essentiality Test On Commuter Rail Transportation , Sharon A. Souther
The Essential Governmental Function After National League Of Cities: Impact Of An Essentiality Test On Commuter Rail Transportation , Sharon A. Souther
Fordham Urban Law Journal
The Supreme Court of the United States held in National League of Cities v. Usery that Congress had exceeded its powers under the commerce clause by enacting the 1974 amendment to the Fair Labor Standards Act. The reasoning behind the decision was that Congress was prohibited from using the commerce clause in areas which states were considered to be performing an essential government function. Because the Supreme Court did not explain precisely what is considered an essential government function, courts have been forced to make case-by-case determinations in deciding these types of cases. One area were these issues are brought …
The Development Of A Congressional Program Dealing With State Taxation Of Interstate Commerce, Emanuel Celler
The Development Of A Congressional Program Dealing With State Taxation Of Interstate Commerce, Emanuel Celler
Fordham Law Review
No abstract provided.