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From Calder To Walden And Beyond: The Proper Application Of The “Effects Test” In Personal Jurisdiction Cases, Lee Goldman
From Calder To Walden And Beyond: The Proper Application Of The “Effects Test” In Personal Jurisdiction Cases, Lee Goldman
San Diego Law Review
...This Article argues that the critical element of Calder’s three-part test is the finding of intentional conduct. It should not be enough that the defendant intended to engage in the conduct that is later found to be tortious. Rather, the defendant’s intentional conduct must have been willfully wrongful. This should require some element of bad faith on the part of the defendant. Where willful misconduct affects a known resident of the forum, the defendant can reasonably foresee being haled into the forum and jurisdiction would not be unfair. The defendant should therefore be found to have expressly aimed its conduct …
National Geographics: Toward A “Federalism Function” Of American Tort Law, Riaz Tejani
National Geographics: Toward A “Federalism Function” Of American Tort Law, Riaz Tejani
San Diego Law Review
This Article will situate the federalism function among existing scholarly frameworks and assess the “contoured” approach to federal and state power balancing across the existing subject matter of torts. Part II will assess conflicting characterizations of tort law as on one hand “private” and on the other “public” law. Part III will define and explain competing functions of tort law with an eye to whether federalism fits the common criteria of these coexisting objectives, goals, purposes, and methods for adjudication. In Part IV, the Article will explore historical and contemporary roles of federalism to understand why this process becomes so …