This chapter surveys recent developments in judicial jurisdiction in the United States. Its overall thesis is that the Supreme Court is striving to develop predictable rules on judicial jurisdiction. To that end, it highlights the dramatic change in U.S. general jurisdiction resulting from the Supreme Court’s 2014 decision in Daimler AG v. Bauman. The chapter also discusses the Court’s later 2017 decision in Bristol-Myers Squibb v. Superior Court, which imposes limitations on assertions of specific jurisdiction in multi-party cases; and draws attention to the potential impact of Bristol-Myers on nationwide class action litigation as that issue continues to develop in the lower courts. The chapter also considers how the 2014 Supreme Court decision in Walden v. Fiore may affect jurisdiction in internet-defamation cases, and adds a comparative perspective with discussions of the recent European Court of Justice decision in Bolagsupplysningen OU v. Svensk Handel AB and the recent Canadian Supreme Court decision in Haaretz.com v. Goldhar.
Linda J. Silberman and Franco Ferrari
This research review presents a 24-article tour of the topics surrounding the recognition and enforcement of foreign judgments. Written by two leading experts in the field, the review explores different approaches to, and comparative perspectives of, judgment recognition and enforcement. Topics covered include the special issues of the revenue rule and the role of public law, the effects of fraud, the scope of preclusion, and the impact of class actions. The review also looks to the future, considering possible solutions to harmonizing recognition and enforcement and assessing how the development of human rights may impact judgement recognition and enforcement. This review is an essential resource for those studying, researching or practicing in this area.