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Articles 91 - 92 of 92
Full-Text Articles in Legislation
Rotten To The "Core": An Essay On Juries, Jurisdiction And Granfinanciera, G. Ray Warner
Rotten To The "Core": An Essay On Juries, Jurisdiction And Granfinanciera, G. Ray Warner
Faculty Publications
(Excerpt)
Like a worm in an apple, the recent Granfinanciera, S.A. v. Nordberg decision has eaten away the article III heart of the current bankruptcy jurisdictional scheme while leaving nothing more than a seventh amendment blemish on the surface.
Granfinanciera ostensibly involves only the question whether Congress may, consistent with the seventh amendment jury trial guarantee, bar trial by jury in a fraudulent conveyance action brought in the bankruptcy court. The Court, however, converts the issue into an article III delegation question by equating Congress' power to override the seventh amendment with its power to delegate matters to non-article III …
The Illinois Brick Dilemma: Is There A Legislative Solution?, Edward D. Cavanagh
The Illinois Brick Dilemma: Is There A Legislative Solution?, Edward D. Cavanagh
Faculty Publications
(Excerpt)
In Illinois Brick Co. v. Illinois, the United States Supreme Court held that in price-fixing actions brought under section 1 of the Sherman Act, only first purchasers in the chain of vertical distribution are "injured," within the meaning of section 4 of the Clayton Act, by the full amount of any overcharge. The Court's ruling bars plaintiffs who are "indirect purchasers" from offering proof that they have been injured by defendants' illegal overcharges which have been "passed on" to them by middlemen. The Court's holding reaffirmed the principles previously enunciated in Hanover Shoe, Inc. v. United Shoe Machinery …