Judicial Jurisdiction: From a Contacts to an Interest Analysis

Authors

Luther L. McDougal L. McDougal III

First Page

1

Abstract

This Article examines whether the courts should shift their focus to a policy or interest analysis in judicial jurisdiction cases. The Article initially identifies some of the theoretical inadequacies of, and practical difficulties with, the Supreme Court's purposefully availing/minimum contacts approach to jurisdictional problems. The Article then outlines an alternative approach that employs a comprehensive form of interest analysis. After setting forth this proposed framework, the Article proceeds to examine Supreme Court decisions since International Shoe from the standpoint of the outcomes that an interest analysis approach might produce. Finally, the Article appraises these varying results and recommends that the courts employ an approach that more realistically relates to people's everyday activities and more accurately reflects contemporary goals and policies.

Recommended Citation

Luther L. McDougal L. McDougal III, Judicial Jurisdiction: From a Contacts to an Interest Analysis, 35 Vanderbilt Law Review 1 (1982)
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol35/iss1/1