Add to ORKGAlthough the usually proclaimed goals of the United States legal system are fair play and justice, a person who is injured in some way, who feels that he has had his rights violated, or who seeks to enforce a business agreement, may not necessarily have a remedy in its judicial system. Often a court may claim it lacks power to hear a case because it does not have jurisdiction over the defendant or the subject matter of the suit. Another motive of a court for refusing to hear the case may be simply the necessity to clear its docket. One proposed remedy to such situations is the development of a jurisdiction by necessity doctrine. The doctrine of jurisdiction by necessity would permit assertions of jurisdiction which might be untenable unde...
More than a century ago, the then former Justice Curtis reminded the Bar that questions of jurisdic...
After more than twenty years of silence, the Supreme Court has addressed personal jurisdiction six t...
In Burnham v. Superior Court of California, the United States Supreme Court considered the continued...
The purpose of this Article is to locate the sources of jurisdictional doctrine. A coherent theory o...
Personal jurisdiction doctrine as articulated by the Supreme Court is in disarray.A s a constitution...
The ubiquitous and somewhat careless use of the term “jurisdictional” by courts has spawned confusio...
Scholars have lavished attention on the substance of jurisdictional doctrines such as standing, moot...
The ability of a federal court hearing a federal cause of action to assert jurisdiction over a nonre...
To what extent may a state court, or a federal court exercising diversity jurisdiction, assert in pe...
This Article examines whether the courts should shift their focus to a policy or interest analysis i...
The time has come for the Supreme Court to declare that a state may not apply its own law to a case ...
Commentators have routinely noted the complexity, opacity, and multiple functions of U.S. personal j...
This Article explains why courts treat subject-matter jurisdiction as sacrosanct, demonstrates why t...
Traditionally understood, a congressional grant of federal subject matter jurisdiction alone does no...
Personal jurisdiction doctrine is broken, but there is a moment of opportunity to repair it. The Sup...
More than a century ago, the then former Justice Curtis reminded the Bar that questions of jurisdic...
After more than twenty years of silence, the Supreme Court has addressed personal jurisdiction six t...
In Burnham v. Superior Court of California, the United States Supreme Court considered the continued...
The purpose of this Article is to locate the sources of jurisdictional doctrine. A coherent theory o...
Personal jurisdiction doctrine as articulated by the Supreme Court is in disarray.A s a constitution...
The ubiquitous and somewhat careless use of the term “jurisdictional” by courts has spawned confusio...
Scholars have lavished attention on the substance of jurisdictional doctrines such as standing, moot...
The ability of a federal court hearing a federal cause of action to assert jurisdiction over a nonre...
To what extent may a state court, or a federal court exercising diversity jurisdiction, assert in pe...
This Article examines whether the courts should shift their focus to a policy or interest analysis i...
The time has come for the Supreme Court to declare that a state may not apply its own law to a case ...
Commentators have routinely noted the complexity, opacity, and multiple functions of U.S. personal j...
This Article explains why courts treat subject-matter jurisdiction as sacrosanct, demonstrates why t...
Traditionally understood, a congressional grant of federal subject matter jurisdiction alone does no...
Personal jurisdiction doctrine is broken, but there is a moment of opportunity to repair it. The Sup...
More than a century ago, the then former Justice Curtis reminded the Bar that questions of jurisdic...
After more than twenty years of silence, the Supreme Court has addressed personal jurisdiction six t...
In Burnham v. Superior Court of California, the United States Supreme Court considered the continued...