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Quest For A Bright Line Personal Jurisdiction Rule In Contract Disputes—Burger King Corp. V. Rudzewicz, 105 S. Ct. 2174 (1985), Paul Eric Clay

Washington Law Review

The United States Supreme Court has returned to a personal jurisdiction methodology similar to that used a century ago. Under the traditional nineteenth century doctrine, the Court applied concrete and mechanical rules in jurisdiction disputes. With increased social mobility and technological advancements, however, these rules became inadequate. Responding to the deficiencies of its doctrine, the Supreme Court formulated a flexible test for personal jurisdiction in International Shoe Co. v. Washington. Gradually, the Court's flexible test turned into a vague doctrine, incapable of consistent application by lower courts. The inconsistency caused by the Court's rule also affected businesses that desired predictability …