Connecticut Law Review Volume 45 – Issue 1

Downloading Minimum Contacts: The Propriety of Exercising Personal Jurisdiction Based on Smartphone Apps

  As technology has changed the way in which individuals interact with each other, courts have sought to address how non-physical contacts with a forum state should factor into the analysis of whether to exercise personal jurisdiction over an out-of-state defendant.  Courts have yet to decide whether a defendant should be subject to personal jurisdiction […]

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Reducing the Regulatory Role of the FDA: Promoting Patient Autonomy to Choose Avastin and Other Cancer Drugs

On November 18, 2011, the Food and Drug Administration (FDA) revoked accelerated approval of the breast cancer indication for Avastin, a cancer drug manufactured by Genentech.  The FDA claims that Avastin, when used to treat metastatic breast cancer, does not provide a benefit that justifies the serious and potentially life-threatening risks associated with its use.  […]

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Protecting the Seasonal Arts: Fashion Design, Copyright Law, and the Viability of the Innovative Design Protection & Piracy Prevention Act

The Innovative Design Protection & Piracy Prevention Act of 2011 (“IDPPPA”) crafts a sui generis form of copyright protection for fashion designs.  The IDPPPA is not a revolutionary attempt for the U.S. Congress; it is instead a reflection of the fashion industry’s unique history, the fashion industry’s unique economics, decades of heated academic debate, scores of […]

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The Tipping Point of Federalism

As the Supreme Court has noted, “it is difficult to conceive of a more basic element of interstate commerce than electric energy, a product that is used in virtually every home and every commercial or manufacturing facility.  No state relies solely on its own resources in this respect.”  And yet, the resources used to generate […]

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Arizona v. Gant: The Good, the Bad, and the Meaning of “Reasonable Belief”

Reasonable belief.  The Supreme Court’s ambiguous use of this term in Arizona v. Gant transformed what could have been a clear logical holding into a source of potential uncertainty.  Consequently, lower courts have struggled to interpret the reasonableness of police automobile searches subsequent to the arrest of a vehicle occupant.  By endorsing an entirely new […]

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To Drink the Cup of Fury: Funeral Picketing, Public Discourse, and the First Amendment

In Snyder v. Phelps, the Supreme Court ruled that the Westboro Baptist Church had a First Amendment right to picket the funeral of a young soldier killed in Iraq.  This decision reinforces a view that has become increasingly dominant in First Amendment jurisprudence—the view that the state may not regulate public discourse to protect individuals […]

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The Persistent Problem of Purposeful Availment

For the second time in twenty-five years, personal jurisdiction has perplexed the U.S. Supreme Court.  The problem is purposeful availment.  All of the Justices agree that specific jurisdiction does not exist without purposeful availment, but the Court could not cobble together a majority opinion in J. McIntyre Machinery, Ltd. v. Nicastro to clarify what purposeful […]

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Reasonable Men?

After the Supreme Court recognized sexual harassment as a form of sex discrimination under Title VII, lower courts used the reasonable person standard to measure whether the behavior was sufficiently severe or pervasive to constitute a hostile working environment.  Cultural and radical feminists objected to the reasonable person measure, and many supported a reasonable woman […]

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