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Full-Text Articles in Law

"A Distinction Without A Difference"?: Bartlett Going Forward, Steven A. Schwartz Oct 2015

"A Distinction Without A Difference"?: Bartlett Going Forward, Steven A. Schwartz

Fordham Law Review

This Note addresses the question of whether federal law preempts state design defect claims against generic drug manufacturers regardless of which test state law uses to determine whether a drug is defective. This issue, arising out of the U.S. Supreme Court's interpretation of preemption jurisprudence and fundamental tort law as stated in Mutual Pharmaceutical Co. v. Bartlett, is significant because it plays a large role in determining to what extent generic drug manufacturers are immune to civil liability arising out of injuries caused by their generic drugs. In an age of rising medical costs and jury awards, both plaintiff …


Improving Agencies’ Preemption Expertise With Chevmore Codification , Kent Barnett Nov 2014

Improving Agencies’ Preemption Expertise With Chevmore Codification , Kent Barnett

Fordham Law Review

No abstract provided.


Fighting A Losing Battle To Win The War: Can States Combat Domestic Minor Sex Trafficking Despite Cda Preemption?, Stephanie Silvano Oct 2014

Fighting A Losing Battle To Win The War: Can States Combat Domestic Minor Sex Trafficking Despite Cda Preemption?, Stephanie Silvano

Fordham Law Review

The explosion of the internet and online communication has led to an alarming increase in an existing epidemic: domestic minor sex trafficking. Sex traffickers utilize websites, such as Backpage.com, to post trafficking advertisements depicting minors, which are minimally regulated as a result of the civil immunity provision of the Communications Decency Act (47 U.S.C. § 230). This immunity provision has been interpreted broadly by the courts, granting expansive immunity to websites as both publishers and distributors of content.
In an effort to combat minor sex trafficking at a local level, some state legislatures enacted statutes criminalizing the knowing publication of …


News On The Internet, Robert Denicola Jan 2013

News On The Internet, Robert Denicola

Fordham Intellectual Property, Media and Entertainment Law Journal

Newspapers are in trouble. Circulation and advertising are down as readers shift from print to online media. Although changing reader preferences and the loss of lucrative classified advertising to online sources are major worries, the news media seems preoccupied with news aggregators and bloggers who distribute news content on the internet without permission. Newspapers are not the only ones worried about the unauthorized distribution of "their" news on the internet. Financial services companies are unhappy about the distribution of their "hot" stock recommendations and other content providers seek to control online news ranging from movie schedules to business ratings. Traditional …


Assessing The Compatiblity Of Title Ix And § 1983: A Post-Abrams Framework For Preemption, Debora A. Hoehne Jan 2006

Assessing The Compatiblity Of Title Ix And § 1983: A Post-Abrams Framework For Preemption, Debora A. Hoehne

Fordham Law Review

No abstract provided.


The Sister Sovereign States: Preemption And The Second Twentieth Century Revolution In The Law Of The American Workplace, Henry H. Drummonds Jan 1993

The Sister Sovereign States: Preemption And The Second Twentieth Century Revolution In The Law Of The American Workplace, Henry H. Drummonds

Fordham Law Review

In this Article, Professor Drummonds examines the division of workplace regulatory authority between the states and the federal government. The Article first explores the decline of the New Deal system of collective bargaining and reviews the debates ignited by this decline. It then reviews the role of state law in regulating the workplace, and illustrates the complex relationship between federal and state law in the workplace by examining reductions in coverage for AIDS in employer-provided group medical plans. The Article sets forth a framework and theory for deciding federal-state authority issues. It analyzes traditional preemption doctrine and recent Supreme Court …


Erisa's Preemption Of State Tax Laws, Kevin Matz Jan 1992

Erisa's Preemption Of State Tax Laws, Kevin Matz

Fordham Law Review

No abstract provided.


State Trademark And Unfair Competition Law By The United States Trademark Association , Jeffrey E. Jacobson Mar 1991

State Trademark And Unfair Competition Law By The United States Trademark Association , Jeffrey E. Jacobson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Partner Bankruptcy And Partnership Dissolution: Protecting The Terms Of The Contract And Ensuring Predictability, Lawrence J. La Sala Jan 1991

Partner Bankruptcy And Partnership Dissolution: Protecting The Terms Of The Contract And Ensuring Predictability, Lawrence J. La Sala

Fordham Law Review

No abstract provided.


Federal Preemption Of The Right Of Publicity In Sing-Alike Cases, Leonard A. Wohl Oct 1990

Federal Preemption Of The Right Of Publicity In Sing-Alike Cases, Leonard A. Wohl

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Effect Of Choice Of Law On Federal Jurisdiction Under Erisa: Defining The Scope Of The Act Or Omission Preemption Exception, Rosemary Scariati Jan 1990

The Effect Of Choice Of Law On Federal Jurisdiction Under Erisa: Defining The Scope Of The Act Or Omission Preemption Exception, Rosemary Scariati

Fordham Law Review

No abstract provided.


Preemption Of Anticompetitive State Statutes By Section 1 Of The Sherman Act: Is An Agreement Required?, Anders Laren Jan 1985

Preemption Of Anticompetitive State Statutes By Section 1 Of The Sherman Act: Is An Agreement Required?, Anders Laren

Fordham Law Review

No abstract provided.


Alternative Approaches To Municipal Antitrust Liability, Martin Cronin Jan 1983

Alternative Approaches To Municipal Antitrust Liability, Martin Cronin

Fordham Urban Law Journal

This Comment argues that preemption analysis, applied when federal statutes conflict with state or municipal enactments, should be used by the courts in applying the Parker doctrine to municipalities. Alternatively, this Comment advocates a qualified municipal exemption from the antitrust laws. Since municipalities receive less federal deference than states, this exemption should not be coextensive with that enjoyed by states under the Parker doctrine. However, the preferential treatment that municipalities receive in our federalist system as compared to private parties mandates formulation of a municipal exemption. Constitutional and practical difficulties encountered under substantive antitrust law, and at the remedies stage, …


Federal Common Law And Water Pollution: Statutory Preemption Or Preservation?, William F. Haigney Jan 1981

Federal Common Law And Water Pollution: Statutory Preemption Or Preservation?, William F. Haigney

Fordham Law Review

No abstract provided.


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 Jan 1981

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.


State Regulation Of Casino Gambling: Constitutional Limitations And Federal Labor Law Preemption, Kathryn Keneally Jan 1981

State Regulation Of Casino Gambling: Constitutional Limitations And Federal Labor Law Preemption, Kathryn Keneally

Fordham Law Review

No abstract provided.


The Effect Of The New Sec Rules On The Constitutionality Of State Takeover Statutes, Kathleen E. Slusser Jan 1980

The Effect Of The New Sec Rules On The Constitutionality Of State Takeover Statutes, Kathleen E. Slusser

Fordham Urban Law Journal

This Note examines the constitutionality of state takeover statutes in light of the SEC's 1979 adoption of new merger rules governing tender offers. It discusses the procedural and substantive requirements of both the Williams Act and the new SEC rules, the state takeover statutes, and the preemption question that is raised by the combination of these laws. The author then argues that state takeover statutes are unconstitutional by virtue of their conflict with specific provisions of the new SEC rules.


Pre-Emption Of Local Rent Control Laws By Hud Regulation, Mary Anne Wirth Jan 1976

Pre-Emption Of Local Rent Control Laws By Hud Regulation, Mary Anne Wirth

Fordham Law Review

No abstract provided.


Case Notes Jan 1966

Case Notes

Fordham Law Review

No abstract provided.


Federal Supremacy In Labor Management Relations, Robert C. Knee Jan 1958

Federal Supremacy In Labor Management Relations, Robert C. Knee

Fordham Law Review

No abstract provided.