What's 'Sovereignty' Got to Do with It? Due Process, Personal Jurisdiction, and the Supreme Court
15 Pages Posted: 3 Jun 2013 Last revised: 4 Jun 2013
Date Written: June 3, 2012
Between 1990 and 2011, the Supreme Court decided four personal jurisdiction cases, and in three of them the Court was unable to muster a majority opinion. At least part of the problem stems from confusion over the sovereignty limitations in personal jurisdiction, and the relationship between sovereignty concerns and due process in personal jurisdiction analysis. This confusion plays out vividly in J. McIntyre Machinery, Ltd. v. Nicastro, 131 S.Ct. 2780 (2011). This paper is part of a symposium on Nicastro and Goodyear Dunlop Tires Op., S.A. v. Brown, 131 S.Ct. 2846 (2011), explores the relationship between sovereignty and due process in personal jurisdiction doctrine. It conclude that although at one time the concept of sovereignty provided an important analytic starting point for personal jurisdiction, this is largely no longer true.
Keywords: personal jurisdiction, due process
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