Sovereign Authority, Fairness, and Personal Jurisdiction: The Case for the Doctrine of Transient Jurisdiction

Earl M. Maltz
This Article challenges the conventional scholarly wisdom and contends that transient jurisdiction fits comfortably within the Supreme Court’s basic structure of personal jurisdiction analysis. Part I traces the development of transient jurisdiction and the arguments against it. Part II discusses the Court’s current approach to personal jurisdiction problems generally, concluding that the case law reflects the principle that a defendant is generally subject to the jurisdiction of any sovereign with…

“Taking” Informational Property Through Discovery

Gregory Gelfand
This Article employs civil discovery under the Federal Rules of Civil Procedure” as its paradigm for testing the constitutionality of requiring the uncompensated disclosure of informational property. The section of this Article which follows defines the term “informational property” and explains the choice of that term for the purposes of the analysis of this Article. Section III sets forth the analysis employed in taking cases and the ramifications of that…