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Full-Text Articles in Law
The False Promise Of General Jurisdiction, Maggie Gardner Gardner, Pamela K. Bookman, Andrew Bradt, Zachary Clopton, D. Theodore Rave
The False Promise Of General Jurisdiction, Maggie Gardner Gardner, Pamela K. Bookman, Andrew Bradt, Zachary Clopton, D. Theodore Rave
Faculty Scholarship
The Supreme Court has said that general jurisdiction provides at least one clear and certain forum to sue defendants, and that assumption has begun to shape the Court’s understanding of specific jurisdiction. But that assumption is wrong. General jurisdiction does not provide a guaranteed U.S. forum for foreign defendants or in cases involving multiple defendants. And even when defendants can be sued “at home,” such cases may be (and not infrequently are) dismissed for forum non conveniens, sometimes even when no alternative forum is available.
Nor is a regime reliant on a general jurisdiction backstop desirable. The Court’s narrowed version …
Nationwide Personal Jurisdiction In All Federal Question Cases: A New Rule 4 Note, Howard M. Erichson
Nationwide Personal Jurisdiction In All Federal Question Cases: A New Rule 4 Note, Howard M. Erichson
Faculty Scholarship
Every litigator who remembers first year civil procedure knows that the personal jurisdiction1 of federal courts is limited by state territorial boundaries. That limitation, however, may soon disappear in federal question cases. A new rule of civil procedure, currently under consideration by the federal rulemakers, would provide for nationwide service of process in all federal question cases. The proposed rule would profoundly affect forum selection in the federal courts. This Note argues in favor of the adoption of the new Rule 4's nationwide personal jurisdiction provision. Not only would the new Rule 4 be a legitimate exercise of authority, but …