Friday, April 7, 2017

For Monday--Section A

We will finish Property and Service with Burnham and transient jurisdiction. What is the point of departure between Scalia and Brennan over the application of Shoe to transient jurisdiction? Are there any limits to in-state service being sufficient? Another proposed solution to the narrowing of general jurisdiction, with respect to business entities, is consent, given at the time the business registers to do business in a state. How might this work with personal jurisdiction?

Finally, read the small article on Transational and consider who P/J works for US persons suing overseas and overseas persons suing in the US.

We then move to Venue, Transfer Venue, and Forum Non Conveniens.  Read §§ 1291 and 1404 in light of the discussion of both in Atlantic Marine. What is the connection between transfer venue under § 1404 and forum non conveniens? Is venue proper in VOA? What role might § 1404 have played in Burger King?