Wednesday, April 12, 2017

For Monday--Section C

As I said in class, I am holding you to the rest of Modern Approach, covering the facts of Hess analyzed under the modern Shoe approach, Burger King, and Walden. The audio from Section A covering this material is in this post; the discussion begins around the 36:00 mark and runs to the end of the class. I suggest doing this prior to class on Monday.

For Monday, prepare General Jurisdiction Revisited, Property and Service, and International. Consider the distinction between specific and general jurisdiction and what each requires. When is a defendant subject to general jurisdiction? When dealing with specific jurisdiction, what additional question must we now ask with respect to the constitutional test? How does Shoe apply to in rem and quasi in rem cases? Return to the two hypos about the suit in Florida between the Floridian and New Yorker using property; is there jurisdiction in either one? Finally, note the sharply divided (again) Court in Burnham, with (again) no majority.

Think about how this personal jurisdiction analysis can or should work with respect to internet contacts. Think about all the different sites and things you do on the internet and how this might work.

Note, again, that what we're doing is building the analytical outline for your personal jurisdiction analysis--the precise framework you will follow in doing an essay or brief on the subject. As we go, we are adding pieces, such as additional ways for a defendant to purposefully avail. But your answer will follow that flowchart and that language. 

Then move to Venue, reading the various statutory provisions closely and in light of the discussion in Atlantic Marine. What is the difference between improper venue and venue transfer?  Read §§ 1391 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? Be sure to read the assigned pages in Glannon, which do a nice job of elaborating on the analysis for § 1404.