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Full-Text Articles in Law
A Sight For Sore Eyes: The Seventh Circuit Correctly Interprets Section 12 Of The Clayton Act, Ryan Moore
A Sight For Sore Eyes: The Seventh Circuit Correctly Interprets Section 12 Of The Clayton Act, Ryan Moore
Seventh Circuit Review
In order to hail a defendant into federal court, a plaintiff must establish personal jurisdiction and venue. Under general principles of federal law, personal jurisdiction is proper whenever the defendant would be amenable to suit under the laws of the state in which the federal court sits. And venue is proper in any district where the defendant "resides" (i.e., is subject to personal jurisdiction). Section 12 of the Clayton Act, however, supplements these general principles. It has a liberal service-of-process provision that allows personal jurisdiction in any federal district court in the nation. But venue is proper only in the …
The Ftaia In Its Proper Place: Merits, Jurisdiction, And Statutory Interpretation In Minn-Chem, Inc. V. Agrium Inc., Donald R. Caplan
The Ftaia In Its Proper Place: Merits, Jurisdiction, And Statutory Interpretation In Minn-Chem, Inc. V. Agrium Inc., Donald R. Caplan
Seventh Circuit Review
The Foreign Trade Antitrust Improvements Act (FTAIA) excludes anticompetitive conduct occurring in purely foreign commerce from the reach of U.S. antitrust laws. However, the act permits the application of U.S. antitrust laws to both import commerce and foreign commerce that has a “direct, substantial, and reasonably foreseeable” effect on U.S. commerce. Controversy over the act centers on whether the act proscribes a federal court's subject-matter jurisdiction. In his 1993 dissent in Hartford v. California, Justice Scalia argued that the act does not affect a court's adjudicative authority. However, ten years later the Seventh Circuit Court of Appeals held the …
Asia And Global Competition Law Convergence, David J. Gerber
Asia And Global Competition Law Convergence, David J. Gerber
All Faculty Scholarship
No abstract provided.