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Personal Jurisdiction: The Walls Blocking an Appeal to Rationality

Posted by on Wednesday, February 6, 2019 in En Banc, Responses.

Richard D. Freer | 72 Vand. L. Rev. En Banc 99 |

Personal jurisdiction is a gateway to the judicial system. Without it, a plaintiff cannot vindicate her claims and the community cannot benefit from private enforcement of the law. In 2011, the Supreme Court returned to personal jurisdiction after a twenty-one year hiatus. Over the next six years, the Court decided six personal jurisdiction cases that constitute what we can call the “new era.” In all six cases—three addressing general jurisdiction and three addressing specific jurisdiction–the Court rejected adjudicatory power. Scholarly reaction to the Court’s new era has criticized what commentators consider an inappropriate constriction of personal jurisdiction and, with it, access to courts.

Richard D. Freer

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