The Jurisdictional Paradox: Does Textualism Provide an Answer?Dartmouth Law Journal (2011)
AbstractThe Supreme Court in Helicopteros Nacionales de Columbia, S.A. v. Hall provided a standard for specific jurisdiction analysis that a claim should “arise out of” or “relate to” contacts the defendant has with the forum state. But the Court did not expound on these terms, leaving the several circuits to devise their own peculiar jurisdictional methodology by focusing significantly on this language. Without any further guidance, the circuits will continue to respond to the problem by borrowing different tests from tort law to measure a defendant‟s activity within a state. The result is that a defendant can be subject to a different standard from circuit to circuit. In light of this, the Court should take the opportunity to address the issue and provide a single jurisdictional standard. In this article I argue that, based on case law, the Third Circuit has rendered the truest test for specific jurisdiction.
Publication DateSpring 2011
Citation InformationVictor N Metallo. "The Jurisdictional Paradox: Does Textualism Provide an Answer?" Dartmouth Law Journal Vol. 9 Iss. 2 (2011)
Available at: http://works.bepress.com/victor_metallo/3/