The Helicopter Case and the Jurisprudence of Jurisdiction
58 So. Cal. L. Rev. 913 (1985)
45 Pages Posted: 7 Aug 2013
Date Written: January 1, 1985
Abstract
This is a comprehensive study of the Supreme Court's 1984 Helicopteros case, written at the time. Helicopteros was a precursor of such later transnational jurisdiction cases as Asahi, Goodyear, and Nicastro. This paper's detailed analysis of "the Helicopter Case" can now be read in application to these more current cases. In the course of its argument, the paper works through much of the jurisprudence of jurisdiction -- that is, jurisdiction over the person of the defendant -- and becomes a detailed critique of this jurisprudence, identifying and documenting the fallacies behind the Court's thinking, and the Court's consequent missteps. Although transnational litigation presents special problems, much of this case study is intended to be of use in thinking about the jurisprudence of jurisdiction in interstate litigation as well.
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