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Fordham Law School

Journal

2014

Supreme Court

Articles 1 - 2 of 2

Full-Text Articles in Law

The President’S Plan Respecting The Supreme Court, Ignatius M. Wilkinson Nov 2014

The President’S Plan Respecting The Supreme Court, Ignatius M. Wilkinson

Fordham Law Review

To commemorate our founding in 1914, the Board of Editors has selected six influential pieces published by the Law Review over the past 100 years and will republish one piece in each issue.

The second piece selected by the Board is the testimony of Ignatius M. Wilkinson, the fourth and longest-serving dean of Fordham Law School (1923–1954), to the Judicial Committee of the U.S. Senate. Speaking to the Committee on the Judiciary, Wilkinson criticized the Franklin D. Roosevelt Judiciary Reorganization Bill of 1937 because it would “undermine the independence of the courts” and “shake[] the foundations of our constitutional structure.” …


The Future Of General Jurisdiction: The Effects Of Daimler Ag V. Bauman, Stephanie Denker Jan 2014

The Future Of General Jurisdiction: The Effects Of Daimler Ag V. Bauman, Stephanie Denker

Fordham Journal of Corporate & Financial Law

The Due Process Clause requires a court to have jurisdiction over a lawsuit before binding the parties to its judgment. However, before 2014, the Supreme Court had not addressed whether a court could impute a subsidiary's contacts to its parent corporation for jurisdictional purposes. Because of this oversight, the Courts of Appeals split over how to impute a subsidiary's contacts. Some courts apply the agency test, while other courts apply variations of the alter ego test. As a result, courts inconsistently asserted jurisdiction over multinational corporations, leading plaintiffs to forum shop and corporations to speculate which forums might assert jurisdiction …