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Death To Immunity From Service Of Process Doctrine!, John Martinez
Death To Immunity From Service Of Process Doctrine!, John Martinez
John Martinez
Death to Immunity From Service of Process Doctrine!
By John Martinez, Professor of Law
S.J. Quinney College of Law
at the University of Utah
ABSTRACT
The immunity from service of process doctrine provides that a nonresident cannot be served while going to, attending, and leaving an ongoing judicial proceeding. However, the doctrine evolved while "tag" jurisdiction was in vogue, whereby mere presence in the forum state sufficed, and the nonresident only had to be "tagged" with service to confer jurisdiction on the forum state. This article suggests that modern "minimum contacts" territorial jurisdiction theory more adequately addresses the concerns of …
Losers' Law: A Metatheory For Legal Disappointments, John Martinez
Losers' Law: A Metatheory For Legal Disappointments, John Martinez
John Martinez
Losers' Law: A Metatheory for Legal Disappointments
By John Martinez, Professor of Law
S.J. Quinney College of Law
at the University of Utah
ABSTRACT
"Losers"
We are all losers at one time or another. If you're in "economy class," you can't use the "business class" toilet, even if it's located just two steps in front of your seat. You must instead go to the back of the plane and use the toilets designated for economy class passengers. The operative rule prohibits you, as a mere economy class passenger, from exercising the much more convenient choice of using the business class …
Losers' Law: A Metatheory For Legal Disappointments, John Martinez
Losers' Law: A Metatheory For Legal Disappointments, John Martinez
John Martinez
The American legal system generates losers every day. Our adversarial system of litigation practically guarantees that every lawsuit will produce a winner and a loser. When the legislature or the people directly through initiatives enact legislation that further restricts land use, landowners hoping for greater land development options are transformed into losers as well.
Losers can choose to voice their grievances, to exit the system, or to resort to illegal behavior. But once voice is exercised, and exit and illegality are rejected as viable choices, we want losers to select "acceptance" of their losses, because this helps to maintain the …