Clarifying 'Fair Play and Substantial Justice': How the Courts Apply the Supreme Court Standard for Personal Jurisdiction

Abstract:     
The United States Supreme Court has established a two-part test for determining the constitutional propriety of asserting jurisdiction over a nonresident defendant. The second part of this test requires that the assertion of jurisdiction not offend principles of "fair play and substantial justice." Because the Supreme Court has never clearly defined the scope of "fair play and substantial justice," this Article focuses on federal appellate and trial court opinions for clarification of this standard. The first section of the Article briefly reviews major Supreme Court opinions that have articulated but seldom applied the component parts of the "fair play" standard. The second section defines and describes the five primary parts of the "fair play" standard and how the lower federal courts have applied them.

Keywords: fair play standard, substantial justice

JEL Classifications: K4

Accepted Paper Series