Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 15 of 15
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 …
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.
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.
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.
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.
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.