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Full-Text Articles in Law
The Inextricable Merits Problem In Personal Jurisdiction, Cassandra Burke Robertson
The Inextricable Merits Problem In Personal Jurisdiction, Cassandra Burke Robertson
Faculty Publications
In 1984, Hollywood star Shirley Jones convinced the Supreme Court to adopt an effects-based test for personal jurisdiction when she brought suit in California against a Florida defendant for defaming her reputation. After adopting the test in Calder v. Jones, the Court never returned to the issue, and in fact avoided personal jurisdiction questions entirely for more than two decades. This past spring, however, the Supreme Court not only revisited the personal jurisdiction doctrine but also signaled an intention to return to personal jurisdiction issues in the near future, with two justices calling specifically for development of the doctrine in …
Wetlands, Property Rights, And The Due Process Deficit In Environmental Law, Jonathan H. Adler
Wetlands, Property Rights, And The Due Process Deficit In Environmental Law, Jonathan H. Adler
Faculty Publications
In Sackett v. Environmental Protection Agency a unanimous Supreme Court held that private landowners could seek judicial review of an Administrative Compliance Order issued by the Environmental Protection Agency alleging that their land contained wetlands subject to regulation under the Clean Water Act. The Court’s decision rested on statutory grounds, but the same result may have been dictated by principles of due process. Under the CWA, federal regulators have asserted authority over waters and dry lands alike and sought to expand federal jurisdiction well beyond constitutional limits. Under existing regulations, landowners have little notice or certainty as to whose lands …