Now showing items 1-10 of 49
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 ...
Teaching civil procedure using an integrated case-text-and-problem method
This article discusses the challenges that exist for law school professors in teaching Civil Procedure to first-year law students. The main challenges that exist relate to the subject area of the material and the difficulty ...
Elderly and civil procedure: Service and default, capacity issues, preserving and giving testimony, and compulsory physical or mental examinations
This article discusses the important elder law issues in the context of civil litigation and how many procedural rules affect the elderly directly. The author focuses on four main subject areas that affect the elderly the ...
Constitutional limitations on state-court jurisdiction: A historical-interpretative reexamination of the full faith and credit and due process clauses (Part One)
This article is about the constitutional limitations on state-court jurisdiction. The article discusses the relevant historical materials on the full faith and credit clause up to 1877, which is the year that the Pennoyer ...