Law Commons^™

Ending Judgment Arbitrage: Jurisdictional Competition And The Enforcement Of Foreign Money Judgments In The United States, Gregory Shill

Gregory Shill

Recent multi-billion-dollar damage awards issued by foreign courts against large American companies have focused attention on the once-obscure, patchwork system of enforcing foreign-country judgments in the United States. That system’s structural problems are even more serious than its critics have charged. However, the leading proposals for reform overlook the positive potential embedded in its design.

In the United States, no treaty or federal law controls the domestication of foreign judgments; the process is instead governed by state law. Although they are often conflated in practice, the procedure consists of two formally and conceptually distinct stages: foreign judgments must first be …

Managed Cooperation In A Post-Sago Mine Disaster World, Patrick R. Baker

Patrick R. Baker

This article proposes a mandatory mediation process as a solution to solving the case backlog before the Federal Mine Safety Health and Review Commission (Commission). As a result of the Sago Mine disaster, cases before the Commission have skyrocketed because of tougher Mine Safety and Health Administration (MSHA) oversight, increased penalties, and outdated procedures. From 2000 through 2005, approximately 2,300 cases were filed each year with the Commission. In 2011, the Commission’s case load exceeded 18,000. The system is currently in peril and significant reforms are needed if the current procedures are salvageable. This article has four central components. First, …

The Change In Knowledge Proposal: Repairing Preemption Doctrine In Medical Products Liability, Yite John Lu

Yite J Lu

This Article proposes a new rule that would allow the FDA to achieve the best balance of medical product availability and safety without interference from tort law when the agency has adequately reviewed the safety science. After an analysis of the FDA’s competency to review, and manufacturers’ ability to hide, safety concerns, this Article argues that FDA review is adequate during the initial approval process, but the agency cannot adequately respond to newly acquired safety information that arises post-market. To take advantage of this finding, the change in knowledge proposal would require tort plaintiffs to show a change in the …

Data Exclusivity Regulations Explained, Jose R. Trigueros

Jose R. Trigueros

No abstract provided.

El Registro De Nuevos Productos Químicos Conlleva Problemas De Protección De Información, Jose R. Trigueros

Jose R. Trigueros

No abstract provided.

Registering New Chemical Products Brings Data Protection Problems, Jose R. Trigueros

Jose R. Trigueros

No abstract provided.