John C. Coffee, Jr., the Adolf A. Berle professor of law at Columbia University Law School and director of its Center on Corporate Governance, writes: Bright line tests invariably prove both overinclusive and underinclusive. By definition, that is the nature of bright-line tests, and the Supreme Court's decision in Morrison v. National Australia Bank seems no exception. In the year since the decision was issued, a torrent of case law has followed, but the bottom line is that some uncertainty persists and some comity problems remain.
The Gray Edges of 'Morrison'
New York Law Journal
May 19, 2011
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