The Lost Story of Notice and Personal Jurisdiction
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The Lost Story of Notice and Personal Jurisdiction
Brooklyn Law SchoolBrooklynWorksFaculty Scholarship2018The Lost Story of Notice and Personal JurisdictionRobin EffronFollow this and additional works The Lost Story of Notice and Personal Jurisdiction at: https //brooklynworks.brooklaw.edu/faculty Cf Part of the Jurisdiction CommonsTHE LOST STORY OF NOTICE AND PERSONAL JURISDICTIONROBIN J. EITRON*Notice and personal jurisdiction have long been closely-tied procedural law concepts because of their common origins in the mechanics of service of pro The Lost Story of Notice and Personal Jurisdictioncess and their shared due process ancestor in Pennoyer V. Neff. Notice was once a reliable feature of personal jurisdiction jurisprudence, but slowlyThe Lost Story of Notice and Personal Jurisdiction
faded from prominence in personal jurisdiction analysis after the International Shoe and Mullane decisions, and then fell away almost completely in thBrooklyn Law SchoolBrooklynWorksFaculty Scholarship2018The Lost Story of Notice and Personal JurisdictionRobin EffronFollow this and additional works The Lost Story of Notice and Personal Jurisdictiontrine. Its role extended beyond that of a mere instrument of doctrinal development. The use of notice was integral to the mode of legal reasoning that the Court employed in its personal jurisdiction journey. Notice, with its tangibility and dependence on mechanical service of process, allowed the Co The Lost Story of Notice and Personal Jurisdictionurt to navigate the strict formalism of the /^-International Shoe era and the Court’s many returns to formalism in the era of minimum contacts. MoreovThe Lost Story of Notice and Personal Jurisdiction
er, when the Court wanted to engage in a more functional mode of analysis, notice allowed the Court to continually tie personal jurisdiction to due prBrooklyn Law SchoolBrooklynWorksFaculty Scholarship2018The Lost Story of Notice and Personal JurisdictionRobin EffronFollow this and additional works The Lost Story of Notice and Personal Jurisdictionope of personal jurisdiction between International Shoe and the early 1990s, the Court seized upon a different but related concept of notice—notice of jurisdiction—as a due process justification for restricting personal jurisdiction.This Article advocates for a ‘'notice-inclusive approach” to person The Lost Story of Notice and Personal Jurisdictional jurisdiction. It focuses on reestablishing comfort with the inclusion of easily-satisfied due process considerations while also stressing that consThe Lost Story of Notice and Personal Jurisdiction
titutional notice doctrine itself might be strengthened in small but strategic ways, thus adding some additional due process protections both to noticBrooklyn Law SchoolBrooklynWorksFaculty Scholarship2018The Lost Story of Notice and Personal JurisdictionRobin EffronFollow this and additional works The Lost Story of Notice and Personal Jurisdictionoke Coleman, Linda Silberman, the Hon. Andrew Effron, David Noll, Allan Stein, Rick Swedloff, John Leubsdorf and participants at the Third Annual Constitutional Law Scholars’ Conference, the Fourth /Annual Civil Procedure Workshop, and the Rutgers-Newark Faculty Workshop. Nathalie Corman, David Moos The Lost Story of Notice and Personal Jurisdictionmann, and Sander Saba provided exceptional editorial and research support throughout this process. Thanks also to Dean Maryellen Fullerton for supportThe Lost Story of Notice and Personal Jurisdiction
from the Dean’s Summer Research Fund.24 NYU ANNUAL SURVEY OF AMERICAN LAW [Vol. 74:23Introduction.................................................. 2Brooklyn Law SchoolBrooklynWorksFaculty Scholarship2018The Lost Story of Notice and Personal JurisdictionRobin EffronFollow this and additional works The Lost Story of Notice and Personal Jurisdictiontion andNotice Prior to Pennoyer........................... 30B.Personal Jurisdiction and Notice in Pennoyer.....33c. Personal Jurisdiction and Notice from PennoyerThrough International Shoe and Mullane............. 351.The In Reyn Cases.............................. 362.The Marriage Exception Cases The Lost Story of Notice and Personal Jurisdiction................... 393.Corporations and Consent Cases................. 414.The End of the Journey to International Shoe .43II.Personal Jurisdiction iThe Lost Story of Notice and Personal Jurisdiction
n International Shoe and Mullane................................................... 48A.International Shoe and the Alternative History of aMinimum ConBrooklyn Law SchoolBrooklynWorksFaculty Scholarship2018The Lost Story of Notice and Personal JurisdictionRobin EffronFollow this and additional works The Lost Story of Notice and Personal Jurisdiction Shifting and Fading Role of Notice in Personal Jurisdiction from International Shoe and Mullane through Asahi.............................................. 55A.Early Jurisdictional Expansion in Perkins andMcGee’. Continued Use of Notice as a Fairness andDue Process Crutch .......................... The Lost Story of Notice and Personal Jurisdiction...... 57B.From Notice of Suit to a Tool of Due ProcessExpansion.......................................... 61Brooklyn Law SchoolBrooklynWorksFaculty Scholarship2018The Lost Story of Notice and Personal JurisdictionRobin EffronFollow this and additional works Brooklyn Law SchoolBrooklynWorksFaculty Scholarship2018The Lost Story of Notice and Personal JurisdictionRobin EffronFollow this and additional worksGọi ngay
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