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Full-Text Articles in Law
Paterno V. Laser Spine Institute: Did The New York Court Of Appeals' Misapplication Of Unjustified Policy Fears Lead To A Miscarriage Of Justice And The Creation Of Inadequate Precedent For The Proper Use Of The Empire State’S Long-Arm Statute?, Jay C. Carlisle, Christine M. Murphy, Kiersten M. Schramek, Marley Strauss
Paterno V. Laser Spine Institute: Did The New York Court Of Appeals' Misapplication Of Unjustified Policy Fears Lead To A Miscarriage Of Justice And The Creation Of Inadequate Precedent For The Proper Use Of The Empire State’S Long-Arm Statute?, Jay C. Carlisle, Christine M. Murphy, Kiersten M. Schramek, Marley Strauss
Elisabeth Haub School of Law Faculty Publications
This article discusses CPLR section 302(a)(1) as applied by the New York State Court of Appeals in Paterno v. Laser Spine Institute. The Paterno Court failed to properly apply a statutory jurisdictional analysis by conflating it with a due process inquiry. Also, the Court unnecessarily balanced the interests of the Empire State's citizens in having a forum for access to justice with unjustified policy fears of potential costs to the state from assertions of in personam jurisdiction. Furthermore, the Court's policy focus4 on the protection of medical doctors from lawsuits and the prevention of “floodgate” litigation which would adversely affect …
The Jurisprudence Of Union, Gil Seinfeld
The Jurisprudence Of Union, Gil Seinfeld
Articles
The primary goal of this Article is to demonstrate that the interest in national unity does important, independent work in the law of vertical federalism. We have long been accustomed to treating union as a constitutionally operative value in cases involving the duties states owe one another (i.e. horizontal federalism cases), but in cases involving the relationship between the federal government and the states, the interest in union is routinely ignored. This Article shows that, across a wide range of cases relating to the allocation of power between the federal government and the states, the states are constrained by a …
Recent Jurisdiction Developments In The New York Court Of Appeals, Jay C. Carlisle
Recent Jurisdiction Developments In The New York Court Of Appeals, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
This article will discuss recent developments in long-arm jurisdiction under CPLR section 302 and two related New York Court of Appeals decisions. Specifically, the article will address Fischbarg v. Doucet, which presents the court's expansive view of long-arm jurisdiction in light of recent technological developments, and Ehrenfeld v. Mahfouz, in which the court's decision to limit long-arm jurisdiction was rejected by subsequent legislation, signaling a more expansive application of CPLR 302 in the future.
Secret Testimony And Public Trials In New York, Randolph N. Jonakait
Secret Testimony And Public Trials In New York, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
State Legislative Options For Protecting Groundwater Quality, Larry Morandi
State Legislative Options For Protecting Groundwater Quality, Larry Morandi
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
13 pages.
Contains references.