Abstract

http://ssrn.com/abstract=2420573
 


 



The Supreme Court's New Approach to Personal Jurisdiction


Bernadette Bollas Genetin


University of Akron - School of Law

April 4, 2014

Forthcoming, SMU L. Rev. 2015
U of Akron Legal Studies Research Paper No. 14-05

Abstract:     
In the Supreme Court’s recent general jurisdiction cases, it narrowed general jurisdiction in accord with a “reasonableness” approach to jurisdiction that is consistent with International Shoe’s so-called “forward-looking” face. In the Court’s most recent specific jurisdiction case, Walden v. Fiore, the Court took steps toward assessing specific jurisdiction under a reasonableness analysis, but it ultimately reunited the antagonistic “reasonableness” and territorial power theories to impose artificial limits on specific jurisdiction. The newly narrowed general jurisdiction will not often be available as a “safety valve” to provide jurisdiction in some cases in which jurisdiction would be reasonable under the circumstances. This Article, thus, explores the Court’s recent personal jurisdiction cases and advocates that the Court adopt a more expansive, “interest” analysis for specific jurisdiction that accords both with some prior Supreme Court cases and with suggestions in Justice Ginsburg’s recent personal jurisdiction opinions.

Number of Pages in PDF File: 75

Keywords: personal jurisdiction, International Shoe, general jurisdiction, specific jurisdiction, purposeful availment, Walden, Fiore, Daimler, Bauman, Goodyear Dunlop, Nicastro, McIntyre

JEL Classification: K40, K41

working papers series





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Date posted: April 6, 2014 ; Last revised: October 17, 2014

Suggested Citation

Genetin, Bernadette Bollas, The Supreme Court's New Approach to Personal Jurisdiction (April 4, 2014). Forthcoming, SMU L. Rev. 2015; U of Akron Legal Studies Research Paper No. 14-05. Available at SSRN: http://ssrn.com/abstract=2420573 or http://dx.doi.org/10.2139/ssrn.2420573

Contact Information

Bernadette Bollas Genetin (Contact Author)
University of Akron - School of Law ( email )
150 University Ave.
Akron, OH 44325-2901
United States
330-972-6939 (Phone)
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