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Full-Text Articles in Law
"A Distinction Without A Difference"?: Bartlett Going Forward, Steven A. Schwartz
"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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Pre-Emption Of Local Rent Control Laws By Hud Regulation, Mary Anne Wirth
Fordham Law Review
No abstract provided.
Federal Supremacy In Labor Management Relations, Robert C. Knee
Federal Supremacy In Labor Management Relations, Robert C. Knee
Fordham Law Review
No abstract provided.