Law Commons^™

Factoring The Seriousness Of The Offense Into Fourth Amendment Equations: Strip Searches In Detention Facilities - Atwater Strikes Again, William A. Schroeder

Akron Law Review

This article suggests, inter alia, that Atwater can and should be limited, or better yet, overruled, by the adoption of reasonableness and probable cause standards that take into account the seriousness of the offense and make custodial arrests of minor offenders, and searches directed at minor offenders, much more difficult to justify than comparable activities directed at serious offenders.

The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin

Akron Law Faculty Publications

In the Supreme Court’s recent general jurisdiction cases, it narrowed general jurisdiction in accord with a “reasonableness” approach to jurisdiction that is consistent with International Shoe’s so-called “forward-looking” face. In the Court’s most recent specific jurisdiction case, Walden v. Fiore, the Court took steps toward assessing specific jurisdiction under a reasonableness analysis, but it ultimately reunited the antagonistic “reasonableness” and territorial power theories to impose artificial limits on specific jurisdiction. The newly narrowed general jurisdiction will not often be available as a “safety valve” to provide jurisdiction in some cases in which jurisdiction would be reasonable under the circumstances. This …

The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin

Bernadette Bollas Genetin

The Supreme Court has returned to the issue of whether a “reasonableness” analysis or an “interstate federalism” focus underlies personal jurisdiction doctrine. It has, thus, renewed the debate regarding whether the so-called “forward-looking” or “backward-looking” face of International Shoe should control.

This Article explores two 2014 cases in which the Court took strides toward implementing a liberty interest, or reasonableness, view of personal jurisdiction. In the first case, Daimler AG v. Bauman, the Court introduced a new, narrower approach to general jurisdiction. Under Bauman’s more constrained analysis, general jurisdiction will be available primarily in an individual’s domicile and a corporation’s …