A General Look at General Jurisdiction (with others), 66 Texas Law Review 721 (1988)
In reviewing the constitutionality of state assertions of personal jurisdiction, the
Supreme Court has recognized two types of jurisdiction-general and specific Contacts
between the defendant and the state that are not necessarily related to the suit
form the basis of general jurisdiction, while specific jurisdiction rests on contacts that are either the direct cause of the action or at least related to the suit. The vast bulk of
recent scholarly and judicial attention has focused solely on the issue of specific jurisdiction,
leaving general jurisdiction a powerful yet largely unexplored Professor Brilmayer and her co-authors examine the theory of general jurisdiction,
its meaning and its rationales. They first discuss the traditional bases for general
jurisdiction: domicile and place of incorporation or principal place of business, defendant's forum
activities, transient presence, consent, and property in the forum. As they
evaluate the rationales underlying each basis, they highlight recurrent themes and analyze
forum contacts that support general jurisdiction. Finally, they explore the contacts
supporting general adjudicative jurisdiction that also permitting
the court to apply the forum's substantive law to the dispute.
Date of Authorship for this Version
Brilmayer, Lea, "A General Look at General Jurisdiction" (1988). Faculty Scholarship Series. Paper 2510.