Law Commons^™

Jurisdiction's Noble Lie, Frederic M. Bloom

Publications

This Article makes sense of a lie. It shows how legal jurisdiction depends on a falsehood--and then explains why it would.

To make this novel argument, this Article starts where jurisdiction does. It recounts jurisdiction's foundations--its tests and motives, its histories and rules. It then seeks out jurisdictional reality, critically examining a side of jurisdiction we too often overlook. Legal jurisdiction may portray itself as fixed and unyielding, as natural as the force of gravity, and as stable as the firmest ground. But jurisdiction is in fact something different. It is a malleable legal invention that bears a false rigid …

Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner

Publications

No abstract provided.

Long-Arm Jurisdiction In California Under New Section 410.10 Of The Code Of Civil Procedure, John A. Gorfinkel, Richard A. Lavine

Publications

Subject only to the limitations prescribed by the Federal Constitution, a state legislature has the power to determine the extent to which courts of the state may exercise personal jurisdiction over absent defendants. The common law recognized only two bases of jurisdiction -presence within the state and actual consent. The additional bases approved in this century by the Supreme Court may be utilized by state courts only to the extent that state statutes permit. Hence, the states have enacted various types of long-arm statutes, all of which are designed to extend the in personam jurisdiction of state courts proportionately with …