Steinman on Personal Jurisdiction & Acess to Justice

Adam Steinman (University of Alabama – School of Law) has posted Access to Justice, Rationality, and Personal Jurisdiction (Vanderbilt Law Review, Vol. 71, No. 1401, 2018) on SSRN.  Here is the abstract: After more than twenty years of silence, the Supreme Court has addressed personal jurisdiction six times over the last six Terms. This Article examines the Court’s recent decisions in terms of their effect on access to justice and the enforcement of substantive law. The Court’s new case law has unquestionably made it harder to establish general jurisdiction—that is, the kind of jurisdiction that requires no affiliation at all between the forum state and the litigation. Although this shift has been justifiably criticized, meaningful access and enforcement can be preserved through other aspects of the jurisdictional framework, namely (1) the basic level of minimum contacts required for specific jurisdiction, and (2) the test for determining…

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