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Full-Text Articles in Law
"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 …
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 …
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 …
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. …
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
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.
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.
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.
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.
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 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.
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 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.
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.
Another Choice Of Forum, Another Choice Of Law: Consensual Adjudicatory Procedure In Federal Court, Linda S. Mullenix
Another Choice Of Forum, Another Choice Of Law: Consensual Adjudicatory Procedure In Federal Court, Linda S. Mullenix
Fordham Law Review
No abstract provided.
Rule 4(J) Of The Federal Rules Of Civil Procedure And The Forthwith Service Requirement Of The Suits In Admiralty Act, Gregory J. Ressa
Rule 4(J) Of The Federal Rules Of Civil Procedure And The Forthwith Service Requirement Of The Suits In Admiralty Act, Gregory J. Ressa
Fordham Law Review
No abstract provided.
Texaco Inc. V. Pennzoil Co.: Some Thoughts On The Limits Of Federal Court Power Over State Court Proceedings, Robert B. Funkhouser, Kenneth R. Levine, Laurie B. Mcghee, David E. Mollon
Texaco Inc. V. Pennzoil Co.: Some Thoughts On The Limits Of Federal Court Power Over State Court Proceedings, Robert B. Funkhouser, Kenneth R. Levine, Laurie B. Mcghee, David E. Mollon
Fordham Law Review
No abstract provided.
Preclusion Concerns As An Additional Factor When Staying A Federal Suit In Deference To A Concurrent State Proceeding, David J. Mccarthy
Preclusion Concerns As An Additional Factor When Staying A Federal Suit In Deference To A Concurrent State Proceeding, David J. Mccarthy
Fordham Law Review
No abstract provided.
The Arbitration Of A Public Securities Dispute, Constantine N. Katsoris
The Arbitration Of A Public Securities Dispute, Constantine N. Katsoris
Fordham Law Review
No abstract provided.
Bauxites' "Individual Liberty Interest" And The Right To Control Amenability To Suit In Personal Jurisdiction Analysis, Thomas L. Connan
Bauxites' "Individual Liberty Interest" And The Right To Control Amenability To Suit In Personal Jurisdiction Analysis, Thomas L. Connan
Fordham Law Review
No abstract provided.
The Use Of Conspiracy Theory To Establish In Personam Jurisdiction: A Due Process Analysis, Ann Althouse
The Use Of Conspiracy Theory To Establish In Personam Jurisdiction: A Due Process Analysis, Ann Althouse
Fordham Law Review
No abstract provided.
The Inconvenient Forum And Internationl Comity In Private Antitrust Actions, Mladen Don Kresic
The Inconvenient Forum And Internationl Comity In Private Antitrust Actions, Mladen Don Kresic
Fordham Law Review
No abstract provided.
High Seas Narcotics Smuggling And Section 955a Of Title 21: Overextension Of The Protective Principle Of International Jurisdiction, M. Lawrence Noyer
High Seas Narcotics Smuggling And Section 955a Of Title 21: Overextension Of The Protective Principle Of International Jurisdiction, M. Lawrence Noyer
Fordham Law Review
No abstract provided.