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38 U. Tol. L. Rev. 307 (2006-2007)
The Use of Jurisdictional Arbitrage to Support the Strategic Interest of the Firm

handle is hein.journals/utol38 and id is 321 raw text is: THE USE OF JURISDICTIONAL ARBITRAGE TO SUPPORT THE STRATEGIC INTEREST OF THE FIRM Robert Ware JII* Editor's Note: This essay is being published posthumously. Yahoo!, Inc. v. La Ligue Contre Le Racisme et L 'Antisemitisme, 169 F. Supp. 2d 1181 (N.D. Cal. 2001), which is used to highlight Dr. Ware's argument, was reversed and remanded with instructions to dismiss without prejudice for lack of ripeness. Despite this reversal, Dr. Ware simply used this case to suggest that Internet businesses should be cognizant of the impact or lack of impact foreign law may have on their business. I. INTRODUCTION T HIS essay examines the impact of jurisdictional conflicts on the internationalization of firms with Internet-focused strategies in both the physical and virtual environments. In addition, this essay presents and discusses the case, Yahoo!, Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme.' This case qualitatively illustrates how the twin environments of the Internet and the physical world affects firm strategy and behavior, which results in jurisdictional arbitrage opportunities. II. THE MINIMUM CONTACTS DOCTRINE American courts use the minimum contacts doctrine to determine the appropriate jurisdiction for cyberlaw cases involving websites by examining whether the website owner purposefully availed itself of a host jurisdiction.2 The origins of the minimum contacts doctrine are found in early American case law.3 For example, the Supreme Court initially discussed personal jurisdiction in Pennoyer v. Neff and, over time, courts have developed the minimum contacts * Assistant Professor of Marketing, Savannah State University. A.B. (1980) Harvard University; S.M. (1985) MIT; Ph.D. (2002) University of South Carolina; and J.D. (2003) University of Florida. 1. 169 F. Supp. 2d 1181 (N.D. Cal. 2001), rev'dper curiam (9th Cir. 2006) (determining that the claim was not ripe, the Circuit Court reversed and remanded the case with instructions to dismiss without prejudice). 2. See generally Int'l Shoe Co. v. Washington, 326 U.S. 310 (1945); Tuaza v. Susquehanna Coal Co., 115 N.E. 915 (N.Y. 1917). 3. See Int'l Shoe, 326 U.S. at 310.

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