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"Stream-Of-Commerce" Inadequate To Found Jurisdiction; Asahi Resolved, Graydon S. Staring
"Stream-Of-Commerce" Inadequate To Found Jurisdiction; Asahi Resolved, Graydon S. Staring
Graydon S. Staring
This article describes the division of the Spreme Court in the Asahi case in 1987 as to whether one who places an article in the "stream-of-commerce" without more thereby submits to the jurisdiction of the courts of a state in which it causes injury or damage; the conflicts on the point for years thereafter; the Court's resolution of the conflict in 2011 by deciding that the defendant's doing so without action purposefully directed toward that state is inadequate; reservations for the future by concurring justices and a dissent; and questions that must remain about the adequacy of such additonal actions …
The Equity Of The M/S Bremen And Its Extraordinary Influence, Graydon S. Staring
The Equity Of The M/S Bremen And Its Extraordinary Influence, Graydon S. Staring
Graydon S. Staring
It is rare that an admiralty case will be widely influential in other fields of law. Such a one was the case of The Bremen. The Supreme Court unanimously renounced the past hostility to forum selection clauses and held them enforceable in Equity by way of admiralty, a precedent soon widely copied as a reform in common law. Note: The intention to publish a larger article on this subject has been abandoned.