Civil Procedure Commons^™

Civil Procedure: The Complexities Of Consent To Personal Jurisdiction, Scott Dodson

The Judges' Book

In Mallory v. Norfolk Southern Railway Co., the Supreme Court decided a personal-jurisdiction case outside the minimum contacts framework for the first time since 1990. Five justices deemed consent to be a method of establishing personal jurisdiction without regard to International Shoe. And, relying on pre-Shoe precedent, the Court held the defendant to have consented to general personal jurisdiction in Pennsylvania by complying with that state’s unique business-registration statute, which permitted its courts to “exercise general personal jurisdiction” over a registered corporation.

Mallory could be read as treating consent to personal jurisdiction as a simple, monolithic concept. …

Civil Procedure: Personal Jurisdiction And Federalism, Scott Dodson

The Judges' Book

The historical development of personal jurisdiction has featured an important interstate-federalism aim: to keep harmony among sovereign states. By purporting to use state borders to partition case allocation among states, personal jurisdiction follows the mantra that good fences make good neighbors.

This structural component fits uncomfortably with the idea of personal jurisdiction as an agent of the individual right protected by the Constitution’s Due Process Clause. Due process, after all, concerns a state’s relationship to a defendant, not the state’s relationship to another state.

In this chapter, I argue that whatever interstate-federalism value personal jurisdiction might, in theory, protect, the …

Civil Procedure: Personal Jurisdiction And The Fifth Amendment, Scott Dodson

The Judges' Book

Since Pennoyer v. Neff, the Fourteenth Amendment’s Due Process Clause has constrained the exercise of personal jurisdiction by state courts. The Fourteenth Amendment permits state courts to exercise personal jurisdiction in four circumstances: (1) consent, (2) in-state service on an individual, (3) residency or citizenship in the state, and (4) minimum contacts with the state such that personal jurisdiction would not offend traditional notions of fair play and substantial justice. Confining state-court personal jurisdiction to connections between the litigant and the forum state serves not only litigant interests of fairness and reasonableness but also federal interests of interstate harmony.

In …

Civil Procedure: Personal Jurisdiction And Aggregation, Scott Dodson

The Judges' Book

No abstract provided.

Civil Procedure: Personal Jurisdiction And Aliens, Scott Dodson

The Judges' Book

No abstract provided.

Civil Procedure: Certifying An Opt-In Class Under Rule 23, Scott Dodson

The Judges' Book

No abstract provided.

Civil Procedure: How To Apply Diversity Jurisdiction In A Multiparty Case, Scott Dodson

The Judges' Book

No abstract provided.

Civil Procedure: Class Action Fee And Cost Awards, Morris Ratner

The Judges' Book

No abstract provided.

Civil Procedure Rules For European Courts, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Some Preliminary Observations On The Proposed Eli/Unidroit Civil Procedure Project In The Light Of The Experience Of The Ali/Unidroit Project, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Fact Determination In Rule 23 Class Actions, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Edward Cooper As Curator Of The Civil Rules, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Professor Edward Cooper: The Quintessential Reporter, Mary Kay Kane

Faculty Scholarship

No abstract provided.

The Supreme Court’S Recent Class Action Jurisprudence: Gazing Into A Crystal Ball, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Reviving Judicial Gatekeeping Of Aggregation: Scrutinizing The Merits On Class Certification, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Law In The Shadow Of Bargaining: The Feedback Effect Of Civil Settlements, Ben Depoorter

Faculty Scholarship

No abstract provided.

The Electronic Lawyer, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Has The Erie Doctrine Been Repealed By Congress?, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

E-Discovery Beyond The Federal Rules, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Cure-All For An Era Of Dispersed Litigation? Toward A Maximalist Use Of The Multidistrict Litigation Panel's Transfer Power, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Modes Of Procedural Reform, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Not Dead Yet, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The 2000 Amendments To The Discovery Rules, Richard L. Marcus

Faculty Scholarship

No abstract provided.

E-Discovery And Beyond: Toward Brave New World Or 1984?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

A Modest Proposal: Recognizing (At Last) That The Federal Rules Do Not Declare That Discovery Is Presumptively Public, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Revitalizing Frcp 68: Can Offers Of Judgment Provide Adequate Incentives For Fair, Early Settlement Of Fee-Recovery Cases?, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Only Yesterday: Reflections On Rulemaking Responses To E-Discovery, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Slouching Toward Discretion, Richard L. Marcus

Faculty Scholarship

No abstract provided.

What Attorneys Think Of Jury Trial Innovations, William W. Schwarzer, J. Donald Cowan Jr., Thomas M. Chrisham

Faculty Scholarship

No abstract provided.

Reform Through Rulemaking?, Richard L. Marcus

Faculty Scholarship

No abstract provided.