Saturday, December 11, 2004

Federalism through Kahan

Interstate competition: quieted by Federalism as the structure does not allow for differences between the states. There must be minimum contacts such that exercise of PJ would not offend traditional notions of fair play and substantial justice for a state to exercise personal jurisdiction. Therefore, when states do not have PJ over an actor, there can be no competition in the treatment of that actor.
  • securities law? (parties other than the issuer are regulated by traditional Sec Law)
  • divorce (not unless consensual)
  • (in marriage it is effective because no PJ required)
  • corporate law

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