Monday, April 3, 2017

For Wednesday--Section A

Wednesday class from 3:30-4:40 in RDB 2006.

We continue PJ: Modern Approach, starting where we left off with Nicastro. What version of stream did Justice Ginsburg adopt in her dissent? What about Justice Breyer's concurrence and how does that affect the question of whether Justice Brennan's approach to stream of commerce still works? If McIntrye did not purposefully avail in New Jersey, where did he purposefully avail and does that mean it is subject to suit somewhere?

Review the facts of Hess and explain why the defendant is subject to jurisdiction in Massachusetts under the modern approach.  Finish Modern Approach, which includes Walden and Burger King. According to BK, what is the connection between the two strands of the Shoe test? What new ways of purposefully availing do these cases introduce?

Then move to General Jurisdiction Revisited and Daimler. We know the difference between general and specific jurisdiction. What establishes general jurisdiction and how does that affect the Shoe analysis?