Law Commons^™

Divined Comity: Assessing The Vitamin C Antitrust Litigation And Updating The Second Circuit’S Prescriptive Comity Framework, William Weingarten

Fordham Journal of Corporate & Financial Law

In re Vitamin C Antitrust Litigation, recently decided by the Second Circuit, sets a grave precedent for American plaintiffs seeking redress for antitrust injuries wrought by foreign defendants. The case involved a group of Chinese manufacturers and exporters of vitamin C, who conspired to fix prices and restrict output in the export market, injuring American consumers in import commerce. The foreign manufacturers conceded that they had colluded in fixing prices and restricting output, in flagrant violation of U.S. antitrust law. And yet, with the assistance of the Chinese government—intervening as amicus curiae—the defendants were successfully able to argue, on appeal …

Toil And Trouble: How The Erie Doctrine Became Structurally Incoherent (And How Congress Can Fix It), Alan M. Trammell

Fordham Law Review

The Erie doctrine is still a minefield. It has long been a source of frustration for scholars and students, and recent case law has exacerbated the troubles. Although other scholars have noted and criticized these developments, this Article explores a deeper systemic problem that remains undeveloped in the literature. In its present form, the Erie doctrine fails to protect any coherent vision of the structural interests that supposedly are at its core—federalism, separation of powers, and equality.

This Article argues that Congress has the power to fix nearly all of these problems. Accordingly, it proposes a novel statute to revamp …

Rebuilding The Safety Mechanism: Does 18 U.S.C. § 3553(E) Violate The Separation Of Powers, Michael Buescher

Fordham Law Review

This Note examines the government motion requirement of 18 U.S.C. § 3553(e) and section 5K1.1 of the Federal Sentencing Guidelines from a separation of powers perspective. The issues discussed include whether requiring authorization from the prosecutor before a sentencing judge can consider a defendant's cooperation when determining whether to grant a downward departure below a mandatory minimum sentence violates separation of powers. Building on the concerns of past commentators and recognizing that the Federal Sentencing Guidelines are likely here to stay, this Note proposes that, in order to protect the perception of integrity in the criminal justice system, Congress should …

The State Secrets Privilege And Separation Of Powers, Amanda Frost

Fordham Law Review

No abstract provided.

The Yonkers Case: Separation Of Powers As A Yardstick For Determining Official Immunity, Amy Walsh

Fordham Urban Law Journal

The author examines the application of the official immunity doctrine to a situation where a federal district court issued contempt citations to local legislators in Yonkers who refused to pass legislation as required by a consent decree. The author argues that the function test for official immunity is by its very nature conclusory, and thus courts, in close cases, should use a separation of powers analysis to inform their application of the function test. Courts should deploy this separation of powers analysis by finding that where an official act was based on a mixture of powers, a rebuttable presumption should …

Tenth Amendment Challenges To The Surface Mining Control And Reclamation Act Of 1977: The Implications Of National League Of Cities On Indirect Regulation Of The States, Lawrence H. Kaplan

Fordham Law Review

No abstract provided.

The Pardoning Power Of The Chief Executive

Fordham Law Review

No abstract provided.

The Federal Administrative Court Proposal: An Examination Of General Principals, John D. O'Reilly, Jr.

Fordham Law Review

No abstract provided.