Judicial Jurisdiction and Forum Access: The Search for Predictable Rules
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Description
Private international law in the United States is comprised of three general categories: (1) judicial jurisdiction; (2) choice of law; and (3) recognition and enforcement of judgments. The well-documented revolution in choice of law in the United States in the 1960s–70s that moved from black-letter rules to more flexible standards is in retreat. More recently, there has been a counter-revolution in private international law in the United States that is critical of that “new” regime of “standards” and is seeking to adopt more predictable rules. This counter-revolution can be seen, even if to a somewhat lesser extent, in the area of judicial jurisdiction; and these jurisdictional developments have mitigated the rampant forum shopping that often characterized the prior judicial jurisdictional regime in the United States. In this chapter, I track these jurisdictional developments generally and take up another area—internet defamation and privacy—where the Supreme Court has not yet spoken, but where I suggest that jurisdictional developments in the United States are likely to result in a more predictable and efficient system than the case law that has emerged in both the European Union and Canada.
Source Publication
Private International Law: Contemporary Challenges and Continuing Relevance
Source Editors/Authors
Franco Ferrari, Diego P. Fernández Arroyo
Publication Date
2019
Recommended Citation
Silberman, Linda J., "Judicial Jurisdiction and Forum Access: The Search for Predictable Rules" (2019). Faculty Chapters. 1415.
https://gretchen.law.nyu.edu/fac-chapt/1415
