Friday, March 31, 2017

For Monday--Section A

Friday audio--Hour I, Hour II. Essay VII will likely be posted next Friday (April 7) and due on Wednesday, April 12; I will confirm next week. Remember that class on April 7 will be in RDB 2008 and we will have prospective students observing.

We continue our introductory discussion of Personal Jurisdiction. Review the rest of FRCP 4(k) and understand how the two-step analysis works in federal court as opposed to state court. The consider how personal jurisdiction interacts with subject matter jurisdiction in federal court:
   1) In World Wide, how does WW and Seaway not being subject to jurisdiction in Oklahoma affect federal subject matter jurisdiction?
   2) A (TX) sues X (NY) for defamation in Texas state court. Consider both personal jurisdiction and subject matter jurisdiction and decide what X's forum preferences are and what he should do procedurally.

We then turn to Modern Approach, where we build out the two-step P/J framework (it ultimately will become a four-step). For Monday, prepare World Wide and Nicastro. How did the WW Court turn the "certain minimum contacts" standard of Shoe into a constitutional test and what are the pieces of that constitutional test? What is purposeful availment and how does it relate to minimum contacts?  Review the facts of Hess and be ready to discuss how that case would be resolved under the modern Shoe framework (as opposed to the legal fiction the Court relied on under Pennoyer).