44 Stetson L. Rev. i (2014-2015)

handle is hein.journals/stet44 and id is 1 raw text is: 





STETSON LAW REVIEW


VOLUME 44                         FALL 2014                         NUMBER 1


ARTICLES
Here and There and Back Again: Drowning in
the Stream of Commerce                                  Jack B. Harrison      1

       The Supreme Court's inability to establish a clear analytical path
       concerning personal jurisdiction in the stream-of-commerce context
       has confused lower courts and potential plaintiffs alike. The Court
       needs to adopt a clear stream-of-commerce analysis that is both
       consistent with its prior decisions and reflective of the realities of the
       modern commercial world.
            In today's global economy, a manufacturer's specific intentional
       contact with an individual state is a rarity. However, it is easily
       foreseeable that a manufacturer's product would travel from nation to
       nation and from state to state. A manufacturer, with assistance from
       national or international marketing campaigns or through the
       Internet, can therefore easily turn entire nations into a single targeted
       market without giving a thought of addressing individual states.
            In view of these realities, the Court should create a clear process
       whereby proper personal jurisdiction involving potential defendants
       with a national market can be easily and predictably analyzed. Some
       commentators have proposed statutory solutions, while others have
       proposed the creation of a rebuttable presumption, with the burden on
       the out-of-forum defendant to show that it took affirmative steps to
       avoid the forum state when it placed its product into the stream of
       commerce.
            This Article first traces the historical development of the Court's
       personal jurisdiction jurisprudence from the territorial limitations of
       Pennoyer to the articulation of minimum contacts as a substitute for
       actual physical presence in International Shoe through its devel-
       opment of the split stream-of-commerce analysis presented in both
       World-Wide Volkswagen and Asahi, and lastly examines J. McIntyre,
       the Court's most recent effort to solve the stream-of-commerce conun-
       drum created by its prior opinions.
            Lastly, this Article proposes a more balanced, and perhaps more
       elegant, approach to the stream-of-commerce conundrum, asserting
       that the Court should adopt a burden-shifting approach. Analysis
       under this proposal would first require that a plaintiff seeking to hale
       a manufacturing defendant into court in a particular jurisdiction show
       that the defendant had engaged in a national marketing strategy
       without regard to state territorial borders. If this burden were met,
       then the burden would shift to the defendant to show that it took
       specific steps to avoid marketing or selling its product in the jurisdic-
       tion at issue.

Rebalancing Current Limitations Periods to Reflect a Society
That Values Its Members as Much as Their Money          Daniel M. Isaacs   43

       This Article analyzes the issues that arise from the various time limits
       imposed by differing statutes of limitations involved in civil claims.
       The Author asserts that the current state of the law revolving around

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