Abstract

http://ssrn.com/abstract=1397309
 


 



The Demise of Foreign Attachment


Richard W. Bourne


University of Baltimore School of Law

1987 / 1988

Creighton Law Review, Vol. 21, No. 1, 1987/88

Abstract:     
This article explains why jurisdiction through foreign attachment is withering away as a major source of state authority to secure jurisdiction over defendants who are nonresident individuals or foreign corporations. The article first explains how the holding of Shaffer v. Heitner, 433 U.S. 186 (1977) limits jurisdictional attachments by mandating that defending parties have sufficient contact with a forum state to meet the minimum requirements of the International Shoe Co. v. Washington, 326 U.S. 310 (1945). The article then explains that procedural due process rules announced in Fuentes v. Shevin, 407 U.S. 67 (1972) necessarily severely limit - and likely entirely foreclose - jurisdictional attachments, which necessarily occur without notice and opportunity to be heard by owners of the items of property being attached.

Number of Pages in PDF File: 73

Keywords: foreign attachment, foreign corporations, Shaffer v. Heitner, International Shoe Co. v. Washington, due process rules, Fuentes v. Shevin

JEL Classification: K22, K39, K49

Accepted Paper Series





Download This Paper

Date posted: May 13, 2009  

Suggested Citation

Bourne, Richard W., The Demise of Foreign Attachment (1987 / 1988). Creighton Law Review, Vol. 21, No. 1, 1987/88. Available at SSRN: http://ssrn.com/abstract=1397309

Contact Information

Richard W. Bourne (Contact Author)
University of Baltimore School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21201
United States
410-837-4508 (Phone)
410-837-4560 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 219
Downloads: 13

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.235 seconds