Law Commons^™

The Dormant Commerce Clause As A Limit On Personal Jurisdiction, John F. Preis

Law Faculty Publications

For over 70 years, the Due Process Clause has defined the law of personal jurisdiction. This makes sense, because being forced to stand trial in a far-off state will sometimes be fundamentally unfair. What does not make sense, however, is the Dormant Commerce Clause’s apparent irrelevance to personal jurisdiction. The Dormant Commerce Clause addresses state laws affecting interstate commerce, and a plaintiff’s choice of forum is often a commercially driven choice between different state courts. So why isn’t the Dormant Commerce Clause part of personal jurisdiction doctrine?

This Article makes the case for its relevance, and demonstrates how the Dormant …

An Active Learning Approach To Teaching Tough Topics: Personal Jurisdiction As An Example, Cynthia M. Ho

Faculty Publications & Other Works

No abstract provided.