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Full-Text Articles in Law
Access To Justice, Rationality, And Personal Jurisdiction, Adam N. Steinman
Access To Justice, Rationality, And Personal Jurisdiction, Adam N. Steinman
Faculty Scholarship
After more than twenty years of silence, the Supreme Court has addressed personal jurisdiction six times over the last six Terms. This Article examines the Court’s recent decisions in terms of their effect on access to justice and the enforcement of substantive law. The Court’s new case law has unquestionably made it harder to establish general jurisdiction—that is, the kind of jurisdiction that requires no affiliation at all between the forum state and the litigation. Although this shift has been justifiably criticized, meaningful access and enforcement can be preserved through other aspects of the jurisdictional framework, namely (1) the basic …
Teaching And Learning Personal Jurisdiction After The Stealth Revolution, Deborah Challener
Teaching And Learning Personal Jurisdiction After The Stealth Revolution, Deborah Challener
Journal Articles
In this Response [to Professor Michael Hoffheimer’s article The Stealth Revolution in Personal Jurisdiction], Professor Challener points out one additional cost of the stealth revolution: the substantially increased difficulty of teaching and learning the law of personal jurisdiction which, in turn, erodes law students’ confidence in the Supreme Court as an institution.