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Full-Text Articles in Law
Back To The Future: The Revival Of Pennoyer In Personal Jurisdiction Doctrine And The Demise Of International Shoe, Robert M. Bloom, Janine A. Hanrahan
Back To The Future: The Revival Of Pennoyer In Personal Jurisdiction Doctrine And The Demise Of International Shoe, Robert M. Bloom, Janine A. Hanrahan
San Diego Law Review
This Article argues that the Court’s recent decisions have effectively revived Pennoyer’s focus on physical presence and status, at the expense of the fairness and contact considerations set forth in International Shoe, as the bases for asserting personal jurisdiction. Part II details the jurisdictional analysis under both Pennoyer and International Shoe. Part III discusses the evolution of personal jurisdiction doctrine under International Shoe. Part IV demonstrates that the Court’s recent decisions have revitalized Pennoyer’s territorially based regime, and consequently diminished the thrust of International Shoe.
The Defamation Injunction Meets The Prior Restraint Doctrine, Doug Rendleman
The Defamation Injunction Meets The Prior Restraint Doctrine, Doug Rendleman
San Diego Law Review
This article maintains that, under defined circumstances, a judge should be able to grant an injunction that forbids the defendant’s proved defamation. It analyzes the common law of defamation, the constitutional prior restraint doctrine, the constitutional protection for defamation that stems from New York Times v. Sullivan, and injunctions and their enforcement.
In Near v. Minnesota, the Supreme Court expanded protection for expression by adding an injunction to executive licensing as a prior restraint. Although the Near court circumscribed the injunction as a prior restraint, it approved criminal sanctions and damages judgment for defamation. An injunction that forbids the defendant’s …
Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, J. D. Fellmeth
Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, Debra Jorgensen
Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Bureau Of Cannabis Control, Nicole Cohen, Guinness Castello, R. C. Fellmeth
Bureau Of Cannabis Control, Nicole Cohen, Guinness Castello, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.