Rethinking personal jurisdiction

Abstract

This article sets out a pragmatic justification for the main features of current personal jurisdiction doctrine: personal jurisdiction rules minimize litigation costs and bias. This approach helps resolve difficult and open jurisdictional issues, such as the scope of general jurisdiction and the validity of jurisdiction based on the stream of commerce theory. This article then explores the empirical assumptions underlying this pragmatic explanation for current doctrine and shows how the law should change if those assumptions were incorrect. For example, if the danger of bias against out-of-state litigants is low, the "purposeful availment" requirement lacks justification and plaintiffs should be allowed to sue in their home states.