Article
The Complexities of Consent to Personal Jurisdiction
113 California Law Review
(2025)
Abstract
Mallory v. Norfolk Southern Railway Co., decided in June 2023, held that consent remains a method of establishing personal jurisdiction independent of the “minimum contacts” test established by International Shoe Co. v. Washington. To many, the decision resolved ambiguity in personal-jurisdiction doctrine and represented a straightforward way of establishing personal jurisdiction. But Mallory failed to consider the many complexities underlying consent. In this article, I showcase those complexities and demonstrate that Mallory is just the tip of the iceberg: a host of questions, some fundamental to both consent theory and personal-jurisdiction doctrine, lurk beneath the surface. I argue that those complexities should be embraced, not ignored. I offer guideposts for taking the first steps toward fundamental theorizing about consent to personal jurisdiction to avoid misinterpretations of historical precedent and accurately reflect the many facets of consent.
Disciplines
Publication Date
2025
Citation Information
Scott Dodson. "The Complexities of Consent to Personal Jurisdiction" 113 California Law Review (2025) Available at: http://works.bepress.com/scott_dodson/80/