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Full-Text Articles in Law
Antitrust's "Jurisdictional" Reach Abroad, Herbert J. Hovenkamp
Antitrust's "Jurisdictional" Reach Abroad, Herbert J. Hovenkamp
All Faculty Scholarship
In its Arbaugh decision the Supreme Court insisted that a federal statute’s limitation on reach be regarded as “jurisdictional” only if the legislature was clear that this is what it had in mind. The Foreign Trade Antitrust Improvement Act (FTAIA) presents a puzzle in this regard, because Congress seems to have been quite clear about what it had in mind; it simply failed to use the correct set of buzzwords in the statute itself, and well before Arbaugh assessed this requirement.
Even if the FTAIA is to be regarded as non-jurisdictional, the constitutional extraterritorial reach of the Sherman Act is …
A New Role For Secondary Proceedings In International Bankruptcies, John A. E. Pottow
A New Role For Secondary Proceedings In International Bankruptcies, John A. E. Pottow
Articles
Secondary proceedings-the ugly stepsisters to main proceedings-get short shrift in international bankruptcy scholarship. This article seeks to remedy that deficiency. First, it describes what it argues are the traditional conceptions-both stated and implicit-of secondary proceedings in international bankruptcies. Second, it offers a revised way of thinking about secondary proceedings, proposing to restrict their scope through the use of "synthetic" hearings. Third, it addresses some problems with the proposed new role of secondary proceedings and sketches a possible solution involving the creation of an international priorities registry.
Bowman Lives: The Extraterritorial Application Of U.S. Criminal Law After Morrison V. National Australia Bank, Zachary D. Clopton
Bowman Lives: The Extraterritorial Application Of U.S. Criminal Law After Morrison V. National Australia Bank, Zachary D. Clopton
Cornell Law Faculty Publications
No abstract provided.
Symposium Introduction – Beyond Borders: Extraterritoriality In American Law, Austen L. Parrish
Symposium Introduction – Beyond Borders: Extraterritoriality In American Law, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
Morrison, The Effects Test, And The Presumption Against Extraterritoriality: A Reply To Professor Dodge, Austen L. Parrish
Morrison, The Effects Test, And The Presumption Against Extraterritoriality: A Reply To Professor Dodge, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.