Grant Christensen on Recent SCOTUS Decisions on Personal Jurisdiction and Tribal Courts

Grant Christensen has posted “Personal Jurisdiction and Tribal Courts after Walden and Bauman: The Inadvertent Impact of Supreme Court Jurisdictional Decisions on Indian Country.

Here is the abstract:

In 2014 the United States Supreme Court added two new cases to the canon on the meaning of due process in the context of personal jurisdiction. These cases clarified the metes and bounds of specific and general personal jurisdiction. However, decisions that fit within the state and federal court system do not always easily have cross applications to tribal courts – which nonetheless are obliged to extend due process rights via the Indian Civil Rights Act. This article takes the Supreme Court’s 2014 decisions and discusses their potential application to tribal courts and their use within Indian Country.

One thought on “Grant Christensen on Recent SCOTUS Decisions on Personal Jurisdiction and Tribal Courts

  1. bignuba September 30, 2015 / 11:19 am

    Interesting read on jurisdiction, which is often the first question that arises in filing or defending against a lawsuit. Tribal charter v. state charter. The ND Sup. Ct. in Arivator v. T. Mt. Mfg. Co. held that a tribally owned corporation — chartered under State law — could be sued in state court. So, this caveat should be noted when forming a business entity in Indian Country. So, do tribal charter and add in forum selection clause for tribal court in related contracts. See Crow Tribe exhaustion rule. xxx

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