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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 Dec 2023

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 Jan 2020

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 Oct 2015

"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 Jan 2015

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 Apr 2014

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 Jan 2013

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 Dec 2012

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 Jan 2010

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 Oct 2008

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 Jan 2008

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 Jan 2008

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 Jan 2007

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 Jan 2006

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 Jan 2005

The Geography Of Justice, Kal Raustiala

Fordham Law Review

No abstract provided.


Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang Jan 2003

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 Jan 2003

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 Dec 1999

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 Jan 1999

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 Jan 1998

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 Jan 1997

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 Jan 1997

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 Jan 1996

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 Jan 1993

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 Jan 1991

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1989

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 Jan 1989

The Criminal Defendant’S Right To Retain Counsel Pro Hac Vice, Thomas C. Canfield

Fordham Law Review

No abstract provided.