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ABA Internet Jurisdiction Project

ABA Internet Jurisdiction Project. Chicago-Kent College of Law Illinois Institute of Technology Henry H. Perritt, Jr., Dean & Professor of Law Margaret G. Stewart, Professor of Law & Reporter. Introduction and overview. Jurisdiction in a federal system Internet as a paradigm

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ABA Internet Jurisdiction Project

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  1. ABA Internet Jurisdiction Project Chicago-Kent College of Law Illinois Institute of Technology Henry H. Perritt, Jr., Dean & Professor of Law Margaret G. Stewart, Professor of Law & Reporter

  2. Introduction and overview • Jurisdiction in a federal system • Internet as a paradigm • ABA Jurisdiction project: themes and alternatives

  3. Jurisdiction in a federal system • Affirmative assertion of jurisdiction: state law • Subject to due process constraints under federal constitution • ~ limits on adjudicatory jurisdiction under customary international law

  4. Internet as a paradigm • Contract • Compuserve v. Patterson • Forum selection clauses • Tort (AT, TM, Banking, Defamation) • claim arises out of minimum contacts = purposeful availment • + fair play and substantial justice

  5. Zippo continuum P(j) Zippo Targeting Int’l Star Registry Millenium Cybersell Contracts with residents; knowing, repeated exchange Passive site Interactive site

  6. ABA Internet Jurisdiction Project: themes and alternatives

  7. Additional issues • Virtual employment • Details of hybrid regulation • minimum public law requirements • backup enforcement by public agencies • mechanisms for deference

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