scholarly journals The Conflicts Restatement and the World

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 155-160 ◽  
Author(s):  
Ralf Michaels

Some sixteen years ago, on the occasion one of many symposia on the possibility of a new Restatement on Conflict of Laws to replace the much-derided Second Restatement, Mathias Reimann suggested that a new Restatement should focus on the requirements of what he called “the international age.” Conflict of laws is increasingly international, he pointed out. This remains true today—just recall that three of the four recent U.S. Supreme Court decisions on personal jurisdiction concerned international conflicts. A new Restatement must take that into account. Reimann formulated three very sensible wishes for drafters of a new Restatement: they should consider every rule and principle they formulate with international disputes in mind; they should work comparatively; and they should include foreign advisers.

2015 ◽  
Vol 3 (1) ◽  
pp. 1-29
Author(s):  
William V. Dorsaneo

The primary purpose of this Article is to evaluate the four most recent Supreme Court decisions on personal jurisdiction and situate those decisions within the history of Supreme Court personal jurisdiction jurisprudence. Starting with the seminal case of Pennoyer v. Neff, personal jurisdiction jurisprudence has been remarkably kaleidoscopic, with the Supreme Court intervening at various intervals to redefine the law in broad strokes, while zigzagging from one doctrinal position to another and thereby leaving lower courts to hash out the application of an evolving personal jurisdiction doctrine to varying fact patterns. I will divide this jurisprudential history into two main groups of cases after Pennoyer was superseded by the modern minimum contacts approach. The first group of decisions begins with International Shoe Co. v. Washington and continues through Hanson v. Denckla. The second group begins almost two decades later with Shaffer v. Heitner and continues through Asahi Metal Industry Co. v. Superior Court and Burnham v. Superior Court.


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