Thursday, October 5, 2017

Article of the Day: Personal Jurisdiction and Aliens by William S. Dodge and Scott Dodson

Dodge-william F069c4eede76c1be6a127fe6c18633dc1440435580_l

Personal Jurisdiction and Aliens by William S. Dodge and Scott Dodson
116 Michigan Law Review (2018 Forthcoming)

Abstract

The increasing prevalence of noncitizens in U.S. civil litigation raises a fundamental question for the doctrine of personal jurisdiction: how should the alienage status of a defendant affect personal jurisdiction? This fundamental question comes at a time of increasing Supreme Court focus on personal jurisdiction, in cases like Bristol-Myers Squibb v. Superior Court, Daimler AG v. Bauman, and J. McIntyre Machinery, Ltd. v. Nicastro. We aim to answer that question by offering a theory of alienage personal jurisdiction. Under this theory, alienage status broadens the geographic range for minimum contacts from a single state to the whole nation. This national-contacts test applies to personal jurisdiction over an alien defendant whether the cause of action is federal or state law, and whether the case is heard in federal or state court. We show that the test is both consistent with the Constitution and consonant with the practical realities of modern transnational litigation. We also explore the moderating influence of other doctrines, such as reasonableness, venue transfer, and forum non conveniens, on the expanded reach of our national-contacts test. In the end, we hope to articulate a more sensible and coherent doctrine of personal jurisdiction and alien defendants that will resonate with the Supreme Court.

KJ

https://lawprofessors.typepad.com/immigration/2017/10/article-of-the-day-personal-jurisdiction-and-aliens-by-william-s-dodge-and-scott-dodson-.html

Current Affairs | Permalink

Comments

Post a comment