Wednesday, September 19, 2012
Professors Allan Ides & Simona Grossi (Loyola Los Angeles) have posted on SSRN a draft of their essay, The Purposeful Availment Trap. Here’s the abstract:
“The Purposeful Availment Trap” represents a very careful and powerful synthesis of years of studies on the theme of personal jurisdiction. In the essay we demonstrate how the Supreme Court’s current struggles on the theme of personal jurisdiction are the result of the purposeful availment “trap” that the Supreme Court has itself created. By interpreting its own interpretations, the Supreme Court got lost in dogma and dicta that make its opinions hard to reconcile with the fundamental principles of due process as articulated in International Shoe. This essay also highly benefits from a dialogue between the civil law and common law world, that we both respectively represent.