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 …

Mona V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 72 (Sept. 29, 2016), William Nobriga

Nevada Supreme Court Summaries

The Court concluded that an individual’s personal assets are not subject to discovery or execution merely because the individual also serves as the managing agent of a judgment debtor in a representative capacity.

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

Faculty Publications & Other Works

No abstract provided.

If Corporations Are People, Why Can’T They Play Tag?, Cody Jacobs

Faculty Scholarship

The Supreme Court’s decision in Burnham v. Superior Court — despite producing a splintered vote with no opinion garnering a majority of the Court — made one thing clear: an individual defendant can be subject to personal jurisdiction simply by being served with process while he or she happens to be in a forum regardless of whether the defendant has any contacts with that forum. This method of acquiring personal jurisdiction is called transient or “tag” jurisdiction. Tag jurisdiction is older than minimum contacts jurisdiction, and used to be the primary method for determining whether an out of state defendant …