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2001 U. Chi. Legal F. 141 (2001)
The American Law of General Jurisdiction

handle is hein.journals/uchclf2001 and id is 145 raw text is: The American Law of General Jurisdiction Friedrich K Juengert American jurisdictional law is unique. First of all, other na- tions-both in the civil and the common law orbit-usually have a national long-arm statute that delineates the scope of general and specific jurisdiction.' While we rely on such open-ended con- cepts as minimum contacts or purposeful availment, these foreign enactments enumerate, with considerable specificity and admirable clarity, the jurisdictional bases available for interna- tional litigation. These bases do not necessarily coincide, in other federal systems, with those used domestically. Even more impor- tantly, other nations do not consider jurisdiction a constitutional matter. Although the Swiss Constitution formerly enshrined the maxim actor sequitur forum rei2 by requiring lawsuits to be brought at the defendant's domicile, this provision specified that it was subject to legislation that would set forth additional juris- dictional bases.' Thus, we are the only nation in the world to leave jurisdiction to a motley array of (frequently poorly drafted) state statutes,4 whose application to specific cases is subject to a vacillating and confused Supreme Court case law. The historical roots of the differences between our jurisdictional notions and those that prevail in the rest of the world also help explain the peculiarities of general jurisdiction as conceived in the United f Tragically, Professor Juenger passed away before this article was completed. The text of the article-except for the conclusion-is entirely his work, with only the slightest editorial modifications. The conclusion was written by his former student Dean Patrick J. Borchers of the Creighton University School of Law, and is based upon conversations between Dean Borchers and Professor Juenger regarding, in particular, how Professor Juenger wished to respond to Professor Epstein's paper. Professor Juenger drafted many of the footnotes; they were completed and additional footnotes were added by Dean Borchers and the editors of the Legal Forum. 1 For a general discussion, see Friedrich K. Juenger, American Jurisdiction: A Story of Comparative Neglect, 65 U Colo L Rev 1, 17-18 (1993) (comparing American jurisdic- tional law with that of European Union). 2 The plaintiff follows the forum of the property in suit of the forum of the defen- dant's residence. Black's Law Dictionary 34 (West 6th ed 1990). 3 See Thomas Pfeiffer, Internationale Zustandigkeit und prozessuale Gerechtigkeit 329-31 (Klostermann 1995) (comparing German jurisdictional rules to Swiss). 4 Juenger, 65 U Colo L Rev at 2 (cited in note 1) (discussing Texas, Rhode Island, and California jurisdictional provisions).

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