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Articles 91 - 93 of 93
Full-Text Articles in Law
Personal Jurisdiction And The Beetle In The Box, Wendy Collins Perdue
Personal Jurisdiction And The Beetle In The Box, Wendy Collins Perdue
Law Faculty Publications
In 1980 in World-Wide Volkswagen v. Woodson, the Supreme Court described personal jurisdiction as "an instrument of interstate federalism." Two years later in Insurance Corporation of Ireland v. Compagnie des Bauxites de Guinee, the Court back-pedaled and explained that personal jurisdiction "represents a restriction on judicial power not as a matter of sovereignty, but as a matter of individual liberty." Then, in 1985 in Phillips Petroleum v. Shutts, the Court explained that the purpose of personal jurisdiction is "to protect a defendant from the travail of defending in a distant forum." Three years later in Van Cauwenberghe v. Biard, …
Finley V. United States: Unstringing Pendent Jurisdiction, Wendy Collins Perdue
Finley V. United States: Unstringing Pendent Jurisdiction, Wendy Collins Perdue
Law Faculty Publications
The approach adopted by the Supreme Court in Finley v. United States calls into question not only pendent-claim jurisdiction but ancillary jurisdiction as well. Particularly vulnerable to attack are those uses of ancillary jurisdiction that involve the addition of new parties such as class action, intervention, and impleader. Furthermore, the opinion may lay a foundation for attacking ancillary-claim jurisdiction involving counterclaims or cross-claims. This commentary will examine Finley and the potential impact of the opinion on the various permutations of ancillary and pendent jurisdiction.
Sin, Scandal And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue
Sin, Scandal And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue
Law Faculty Publications
Professor Perdue recounts the underlying story of the U.S. Supreme Court's seminal personal jurisdiction case, Pennoyer v. Neff.