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Full-Text Articles in Law
Divined Comity: Assessing The Vitamin C Antitrust Litigation And Updating The Second Circuit’S Prescriptive Comity Framework, William Weingarten
Divined Comity: Assessing The Vitamin C Antitrust Litigation And Updating The Second Circuit’S Prescriptive Comity Framework, William Weingarten
Fordham Journal of Corporate & Financial Law
In re Vitamin C Antitrust Litigation, recently decided by the Second Circuit, sets a grave precedent for American plaintiffs seeking redress for antitrust injuries wrought by foreign defendants. The case involved a group of Chinese manufacturers and exporters of vitamin C, who conspired to fix prices and restrict output in the export market, injuring American consumers in import commerce. The foreign manufacturers conceded that they had colluded in fixing prices and restricting output, in flagrant violation of U.S. antitrust law. And yet, with the assistance of the Chinese government—intervening as amicus curiae—the defendants were successfully able to argue, on appeal …
Case-Linked Jurisdiction And Busybody States, Howard M. Erichson, John C.P. Goldberg, Benjamin Zipursky
Case-Linked Jurisdiction And Busybody States, Howard M. Erichson, John C.P. Goldberg, Benjamin Zipursky
Faculty Scholarship
No abstract provided.
"A Distinction Without A Difference"?: Bartlett Going Forward, Steven A. Schwartz
"A Distinction Without A Difference"?: Bartlett Going Forward, Steven A. Schwartz
Fordham Law Review
This Note addresses the question of whether federal law preempts state design defect claims against generic drug manufacturers regardless of which test state law uses to determine whether a drug is defective. This issue, arising out of the U.S. Supreme Court's interpretation of preemption jurisprudence and fundamental tort law as stated in Mutual Pharmaceutical Co. v. Bartlett, is significant because it plays a large role in determining to what extent generic drug manufacturers are immune to civil liability arising out of injuries caused by their generic drugs. In an age of rising medical costs and jury awards, both plaintiff …
The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble
The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble
Fordham Intellectual Property, Media and Entertainment Law Journal
From the early days of the Internet, commentators have warned that it would be impossible for those who act on the Internet (“Internet actors”) to comply with the copyright laws of all Internet-connected countries if the national copyright laws of all those countries were to apply simultaneously to Internet activity. A multiplicity of applicable copyright laws seems plausible at least when the Internet activity is ubiquitous — i.e., unrestricted by geoblocking or by other means — given the territoriality principle that governs international copyright law and the choice-of-law rules that countries typically use for copyright infringements. This Article posits that …
Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea
Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea
Fordham Law Review
The due process rights of suspected terrorists have played a major role in the debate about how best to engage terrorist entities after September 11, 2001. Does citizenship or immigration status have a bearing on the treatment of terrorists? Does location within or outside the United States matter? This Article explores the connection between citizenship and alienage, enemy status, allegiance, and due process rights against a backdrop of international law. It surveys the application of due process to citizens and aliens based on the location of misconduct within or outside the territory of the United States and notes the expansion …
Judicial Review For Enemy Fighters: The Court’S Fateful Turn In Ex Parte Quirin, The Nazi Saboteur Case, Andrew Kent
Judicial Review For Enemy Fighters: The Court’S Fateful Turn In Ex Parte Quirin, The Nazi Saboteur Case, Andrew Kent
Faculty Scholarship
The emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …
Determining Diversity Jurisdiction Of National Banks After Wachovia Bank V. Schmidt, Michael Podolsky
Determining Diversity Jurisdiction Of National Banks After Wachovia Bank V. Schmidt, Michael Podolsky
Fordham Law Review
Prior to the U.S. Supreme Court’s decision in Wachovia Bank v. Schmidt, some courts held, for diversity jurisdiction purposes, that national banks were citizens of each and every state in which they had a branch. In Schmidt, the Supreme Court made it clear that this approach was incorrect, but failed to provide an alternative one. Not surprisingly, in the wake of that decision another court split developed. While some courts have found that national banks are citizens only of the state listed on their charters as their main office, others have found that national banks are also citizens …
New York: The Next Mecca For Judgment Creditors? An Analysis Of Koehler V. Bank Of Bermuda Ltd., Damien H. Weinstein
New York: The Next Mecca For Judgment Creditors? An Analysis Of Koehler V. Bank Of Bermuda Ltd., Damien H. Weinstein
Fordham Law Review
New York may have just become a great place to be a judgment creditor. In the summer of 2009, the Court of Appeals of New York handed down its decision in Koehler v. Bank of Bermuda Ltd. In Koehler, the court upheld a turnover order directing a garnishee to transfer a nonresident judgment debtor’s assets, deposited in a Bermuda bank, into New York. Under Koehler, assets anywhere in the world may now be garnishable in New York so long as the garnishee is subject to the state’s jurisdiction. This decision greatly broadens New York courts’ power to enforce judgments by …
Jurisdictional Issues In The Adjudication Of Patent Law Malpractice Cases In Light Of Recent Federal Circuit Decisions, Michael Ena
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Attorneys As Debt Relief Agencies: Constitutional Considerations, Marisa Terranova
Attorneys As Debt Relief Agencies: Constitutional Considerations, Marisa Terranova
Fordham Journal of Corporate & Financial Law
No abstract provided.
On The Face Of It? Establishing Jurisdiction On Claims To Compel Arbitration Under Section 4 Of The Faa, Leda Moloff
On The Face Of It? Establishing Jurisdiction On Claims To Compel Arbitration Under Section 4 Of The Faa, Leda Moloff
Fordham Law Review
Section 4 of the Federal Arbitration Act enables a party with an arbitration agreement to bring suit to compel arbitration if the dispute between parties is brought in court. The U.S. Courts of Appeals are split over how to establish jurisdiction when faced with a claim to compel arbitration. The disagreement centers on whether the court may “look through” to the underlying claim between parties to establish jurisdiction or whether establishment of jurisdiction must comply with the well-pleaded complaint rule, a rule requiring the petitioner to state the reason for jurisdiction on the face of their complaint to compel arbitration. …
A Default Rule Of Omnipotence: Implied Jurisdiction And Exaggerated Remedies In Equity For Federal Agencies, George P. Roach
A Default Rule Of Omnipotence: Implied Jurisdiction And Exaggerated Remedies In Equity For Federal Agencies, George P. Roach
Fordham Journal of Corporate & Financial Law
No abstract provided.
General Jurisdiction And Internet Contacts: What Role, If Any, Should The Zippo Sliding Scale Test Play In The Analysis?, Eric C. Hawkins
General Jurisdiction And Internet Contacts: What Role, If Any, Should The Zippo Sliding Scale Test Play In The Analysis?, Eric C. Hawkins
Fordham Law Review
No abstract provided.
The Geography Of Justice, Kal Raustiala
Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang
Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang
Fordham Journal of Corporate & Financial Law
No abstract provided.
U.S. Class Actions Go Global: Transnational Class Actions And Personal Jurisdiction, Debra Lyn Bassett
U.S. Class Actions Go Global: Transnational Class Actions And Personal Jurisdiction, Debra Lyn Bassett
Fordham Law Review
No abstract provided.
Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister
Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Burden Of Proving Jurisdiction Under The Federal Tort Claims Act: A Uniform Approach To Allocation, Ugo Colella, Adam Bain
The Burden Of Proving Jurisdiction Under The Federal Tort Claims Act: A Uniform Approach To Allocation, Ugo Colella, Adam Bain
Fordham Law Review
No abstract provided.
Statutory Interpretation Of Federal Jurisdictional Statutes: Jurisdiction Of The Private Right Of Action Under The Tcpa, Fabian D. Gonell
Statutory Interpretation Of Federal Jurisdictional Statutes: Jurisdiction Of The Private Right Of Action Under The Tcpa, Fabian D. Gonell
Fordham Law Review
No abstract provided.
Filartiga's Firm Footing: International Human Rights And Federal Common Law, Ryan Goodman, Derek P. Jinks
Filartiga's Firm Footing: International Human Rights And Federal Common Law, Ryan Goodman, Derek P. Jinks
Fordham Law Review
No abstract provided.
From The Internet To Court: Excerising Jurisdiction Over World Wide Web Communications, Gwenn M. Kalow
From The Internet To Court: Excerising Jurisdiction Over World Wide Web Communications, Gwenn M. Kalow
Fordham Law Review
No abstract provided.
Rights Of Passage: An Analysis Of Waiver Of Juvenile Court Jurisdiction, Stacey Sabo
Rights Of Passage: An Analysis Of Waiver Of Juvenile Court Jurisdiction, Stacey Sabo
Fordham Law Review
No abstract provided.
A Comprehensive Theory Of Protective Jurisdiction: The Missing "Ingredient" Of "Arising Under" Jurisdiction, Loretta Shaw
A Comprehensive Theory Of Protective Jurisdiction: The Missing "Ingredient" Of "Arising Under" Jurisdiction, Loretta Shaw
Fordham Law Review
No abstract provided.
Appellate Jurisdiction For Civil Forfeiture: The Case For The Continuation Of Jurisdiction Beyond The Release Of The Res, Paul S. Grossman
Appellate Jurisdiction For Civil Forfeiture: The Case For The Continuation Of Jurisdiction Beyond The Release Of The Res, Paul S. Grossman
Fordham Law Review
No abstract provided.
The Application Of Rico To International Terrorism, Zvi Joseph
The Application Of Rico To International Terrorism, Zvi Joseph
Fordham Law Review
No abstract provided.
Interpreting The Direct Effects Clause Of The Fsia's Commercial Activity Exception, Hadwin A. Iii Card
Interpreting The Direct Effects Clause Of The Fsia's Commercial Activity Exception, Hadwin A. Iii Card
Fordham Law Review
No abstract provided.
Subsidiary: Doctrine Without A Cause?, Joseph H. Sommer
Subsidiary: Doctrine Without A Cause?, Joseph H. Sommer
Fordham Law Review
No abstract provided.
The Effect Of Choice Of Law On Federal Jurisdiction Under Erisa: Defining The Scope Of The Act Or Omission Preemption Exception, Rosemary Scariati
The Effect Of Choice Of Law On Federal Jurisdiction Under Erisa: Defining The Scope Of The Act Or Omission Preemption Exception, Rosemary Scariati
Fordham Law Review
No abstract provided.
Harris V. Reed: A New Look At Federal Habeas Jurisdiction Over State Petitioners, Jason M. Halper
Harris V. Reed: A New Look At Federal Habeas Jurisdiction Over State Petitioners, Jason M. Halper
Fordham Law Review
No abstract provided.
The Criminal Defendant’S Right To Retain Counsel Pro Hac Vice, Thomas C. Canfield
The Criminal Defendant’S Right To Retain Counsel Pro Hac Vice, Thomas C. Canfield
Fordham Law Review
No abstract provided.