Yeazell, p. 94-168: The Modern Constitutional Formulation of Power

 

Stevie Y. will now bring us up to date on the changes in the Pennoyer formulation of personal jurisdiction that have come about over the years.

 

1.     Redefining Constitutional Power

 

Pennoyer gets confusing if you try to apply it to corporations.Corporations donít have physical reality, so they canít be ďpresentĒ to receive process in a fundamental sense.They also canít (in the conventional sense) ďconsentĒ to a courtís power.Weíll look at a case that tries to figure all this stuff out.

 

Case: International Shoe Co. v. Washington

 

2.     Absorbing In Rem Jurisdiction

 

There were two issues that were not discussed in Shoe:

 

1.     How does the ruling apply to jurisdiction over individual people?

2.     What impact does the ruling have on the Pennoyer concept of in rem jurisdiction (and quasi in rem jurisdiction)?

 

Case: Shaffer v. Heitner

 

3.     Specific Jurisdiction: The Modern Cases

 

Here is some practice in applying specific jurisdiction and general jurisdiction.We should ask ourselves if modern changes in communications and transportation render the doctrine of Shoe obsolete.

 

Case: McGee v. International Life Insurance Co.

 

Case: Hanson v. Denckla

 

Case: World-Wide Volkswagen Corp. v. Woodson

 

Case: Asahi Metal Industry Co. v. Superior Court

 

Case: Burger King Corp. v. Rudzewicz

 

Case: Pavlovich v. Superior Court[Supplement: Yeazell, FEDERAL RULES OF CIVIL PROCEDURE at 381 (2003).]

 

4.     General Jurisdiction

 

We think that for every corporate or individual defendant there exists at least one forum that has general jurisdiction over that defendant.For a corporation, this may be the state of incorporation or the state where they have their headquarters.For an individual, the state of general jurisdiction is wherever that person is domiciled.

 

It is suggested that there actually could be some cases where a forum other than those mentioned above could have general jurisdiction, but itís really hard to find any cases that bear this out.

 

Case: Washington Equipment Manufacturing Co. v. Concrete Placing Co.

 

Case: Burnham v. Superior Court

 

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