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Article

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A General Look at General Jurisdiction (with others), 66 Texas Law Review 721 (1988)

Abstract

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

1988

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