Individuals and Firms Can Escape State Power with Feasible Precautions
The article rethinks personal jurisdiction by combining sovereignty and individual rights. It uses recent Supreme Court decisions and political theories to create a theory that balances these principles. The law of personal jurisdiction is justified by the Full Faith and Credit Clause and Due Process Clauses. The article suggests a rule for close cases of personal jurisdiction, allowing nonresidents to avoid state power if they take precautions. The recent Supreme Court decisions are mostly correct, and forum selection clauses should be respected, especially in business disputes.