Author Archives: Brock Hankins

Dane Ullian, Retroactive Application of State Long-Arm Statutes

A precondition to a court’s exercising any measure of authority over an individual or an entity is the court’s establishment of personal jurisdiction. A court may exercise personal jurisdiction over a nonresident defendant only if the forum state provides a statutory basis for … Continue reading

Posted in Civil Procedure, Constitutional Law, Uncategorized | Comments Off

Thomas J. Horton & Robert H. Lande, Should the Internet Exempt the Media Sector From the Antitrust Laws?

Suppose the twenty largest traditional news media companies in the United States, including the Wall Street Journal, New York Times, Washington Post, ABC, NBC, CBS, Fox, and CNN, announced the merger of their news operations. They would likely claim that this merger would … Continue reading

Posted in Antitrust & Trade Law, Economics, Internet Law, Media Law | Comments Off

Todd J. Zywicki, The Economics and Regulation of Network Branded Prepaid Cards

One of the fastest growing sectors of the consumer payments marketplace is the general-purpose reloadable prepaid card sector. Their importance accelerated as a consequence of new regulations enacted in the wake of the 2008 financial crisis. This increased use of prepaid cards also increased … Continue reading

Posted in Business & Corporate Law, Commercial Law, Economics | Comments Off

Amy Widman, The Rostrum Principle: Why the Boundaries of the Public Forum Matter to Statutory Interpretation

There is a section of dicta in the recent Supreme Court decision on health care reform that might portend new ground, although not in Commerce Clause jurisprudence. Rather, in his dissent, Justice Antonin Scalia did a curious thing for those … Continue reading

Posted in Constitutional Law, Governments and Legislation | Comments Off

Kathleen Carlson, Ryan v. Gonzalez and the Potential Elimination of the Ineffective Assistance of Counsel Post Conviction Failsafe

Recently, the United States Supreme Court addressed in Ryan v. Gonzales “whether the incompetence of a state prisoner requires suspension of the prisoner’s federal habeas corpus proceedings.” In a unanimous decision, the Court held that “the Courts of Appeals for the Ninth … Continue reading

Posted in Constitutional Law, Criminal Law, Criminal Procedure | Comments Off

Daniel J. DiMatteo, To Enforce a Privacy Right: The Sovereign Immunity Canon and the Privacy Act’s Civil Remedies Provision After Cooper

In 2005, a joint investigation between separate government agencies revealed that Stanmore Cooper, a pilot, failed to disclose to the Federal Aviation Administration that he was HIV positive. Cooper sued the agencies in the United States District Court for the Northern District … Continue reading

Posted in Civil Rights Law, Labor & Employment Law, Tort Law | Comments Off