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Judicial Jurisdiction: From A Contacts To An Interest Analysis, Luther L. Mcdougal L. Mcdougal Iii
Judicial Jurisdiction: From A Contacts To An Interest Analysis, Luther L. Mcdougal L. Mcdougal Iii
Vanderbilt Law Review
This Article examines whether the courts should shift their focus to a policy or interest analysis in judicial jurisdiction cases. The Article initially identifies some of the theoretical inadequacies of, and practical difficulties with, the Supreme Court's purposefully availing/minimum contacts approach to jurisdictional problems. The Article then outlines an alternative approach that employs a comprehensive form of interest analysis. After setting forth this proposed framework, the Article proceeds to examine Supreme Court decisions since International Shoe from the standpoint of the outcomes that an interest analysis approach might produce. Finally, the Article appraises these varying results and recommends that the …
Expanded Bases Of Jurisdiction -- An Examination Of Tennessee's New "Long-Arm" Statute, Harry G. Nichol, Jr.
Expanded Bases Of Jurisdiction -- An Examination Of Tennessee's New "Long-Arm" Statute, Harry G. Nichol, Jr.
Vanderbilt Law Review
A foreign corporation considering the consequences of its activity in relation to forums outside the state of its incorporation is faced with three basic legal problems. They are generally regarded as the different degrees of "doing business" for purposes of (1) qualification,(2) taxation, and (3) judicial jurisdiction. The purpose of this paper is to discuss a major recent development concerning the jurisdiction of Tennessee courts, in light of similar developments throughout the country.