Chimène Keitner (University of California Hastings College of the Law) has posted Personal Jurisdiction and Fifth Amendment Due Process Revisited (THE RESTATEMENT (FOURTH) OF THE FOREIGN RELATIONS LAW OF THE UNITED STATES ‒ PAST, PRESENT AND FUTURE, Paul B. Stephan & Sarah H. Cleveland, eds., Forthcoming) on SSRN. Here is the abstract:
This draft chapter addresses the contested role of U.S. courts in adjudicating disputes with foreign elements. As a matter of domestic law, the Due Process Clauses in the U.S. Constitution constrain the scope of adjudicatory jurisdiction that legislatures can confer on State and federal courts. The Fourth Restatement restates the U.S. law of personal jurisdiction in civil proceedings as requiring that “sufficient contacts” exist between the defendant and the forum, “and that the exercise of jurisdiction be reasonable.” These criteria limit the reach of U.S. courts’ personal jurisdiction. The chapter explores these limits and Congress’s ability to extend them. It also revisits the history and jurisprudence of Fifth Amendment due process limits on personal jurisdiction, considering the Anti-Terrorism Clarification Act of 2018 (ATCA) and the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA).