Now showing items 1-10 of 11
Extending Federal Rule of Civil Procedure 4(k)(2): A way to (partially) clean up the personal jurisdiction mess
The Supreme Court’s personal jurisdiction jurisprudence has become increasingly constricted and remains unclear on many crucial questions. However, it appears that the Court will not rethink its basic approach to determining ...
Jones v. Flowers: An essay on a unified theory of procedural due process
Procedural due process has always been seen as having at least three independent strands. One is the jurisdictional or minimum contacts strand. That strand, derived from the Supreme Court's decision in International Shoe ...
Twilight of the minimum contacts test
The minimum contacts test has set the limits on the long-arm jurisdictional reach of U.S. courts since 1945. Although the International Shoe case that ushered in the test is routinely hailed as having created a fairer and ...
Muddy-booted, disingenuous revolution in personal jurisdiction
Although the Supreme Court claims that its six personal jurisdictions in the last seven years have been unremarkable applications of existing law, the Court is dissembling. In fact, the Court has severely constricted ...
Death of the constitutional law of personal jurisdiction: From Pennoyer to Burnham and back again
In 1990, in Burnham v. Superior Court, the U.S. Supreme Court upheld the traditional rule that a civil defendant could be subjected to personal jurisdiction in a state simply by being physically served with the summons ...
Origins of diversity jurisdiction, the rise of legal positivism, and a brave new world for Erie and Klaxon
The conventional explanation for the inclusion the grant of diversity jurisdiction (i.e., federal court jurisdiction in cases between citizens of different states) in the Constitution and the first Judiciary Act is that ...