The New Quasi in Rem Jurisdiction: New York's Revival of a Doctrine Whose Time Has Passed

69 Pages Posted: 18 Jun 2008

Date Written: 1990

Abstract

This Article closely examines the rationale offered for the new quasi in rem jurisdiction, and concludes that it cannot withstand careful analysis. This Article is divided into three parts. Part I discusses the development of quasi in rem jurisdiction, and examines the Supreme Court's decision in Shaffer. Part II surveys the use of quasi in rem jurisdiction in the states since Shaffer. It traces and analyzes the growth of the new quasi in rem jurisdiction doctrine, considers the causes of this development, and contrasts the new doctrine with the developments in the large majority of states that have not used quasi in rern jurisdiction since Shaffer. Part III considers the contemporary validity of quasi in rem jurisdiction, and demonstrates that it is no longer a valid jurisdictional device. The Article concludes that the new quasi in rem jurisdiction threatens to resuscitate a doctrine that, after honorable service, deserves retirement.

Keywords: jurisdiction, quasi in rem jurisdiction

Suggested Citation

Mushlin, Michael B., The New Quasi in Rem Jurisdiction: New York's Revival of a Doctrine Whose Time Has Passed (1990). Brooklyn Law Review ,Vol. 55, No. 4, 1990. Available at SSRN: https://ssrn.com/abstract=1147104

Michael B. Mushlin (Contact Author)

Pace University - School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States
914 422-4258 (Phone)
914 422-4168 (Fax)

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