Jurisdiction Commons^™

Jurisdictional Standards (And Rules), Adam I. Muchmore

Journal Articles

This Article uses the jurisprudential dichotomy between two opposing types of legal requirements — “rules” and “standards” — to examine extraterritorial regulation by the United States. It argues that there is natural push toward standards in extraterritorial regulation because numerous institutional actors either see standards as the best option in extraterritorial regulation or accept standards as a second-best option when their first choice (a rule favorable to their interests or their worldview) is not feasible.

The Article explores several reasons for this push toward standards, including: statutory text, statutory interpretation theories, the nonbinary nature of the domestic/foreign characterization, the tendency …

(Still) A “Real And Substantial” Mess: The Law Of Jurisdiction In Canada, Tanya J. Monestier

Journal Articles

In Morguard Investments Ltd. v. De Savoye, the Supreme Court of Canada established that a court could assert jurisdiction over an out-of-province defendant in cases where there was a "real and substantial connection" between the forum and the action. Years later, the Ontario Court of Appeal in Muscutt v. Courcelles attempted to provide guidance on the content of the real and substantial connection test by enumerating eight factors for a court to consider in deciding whether to assume jurisdiction over an ex juris defendant. Most provincial courts have enthusiastically and uncritically embraced the Muscutt approach to jurisdiction.

The author argues …