In this article, Philip B. Kurland examines the constitutional limits of state court authority to exercise personal jurisdiction over defendants under the Due Process Clause of the Fourteenth Amendment. Kurland analyzes Supreme Court jurisprudence governing in personam jurisdiction, focusing on how due process constrains the reach of state judicial power.
The article traces the evolution of jurisdictional doctrine from territorial concepts toward standards based on fairness, reasonableness, and minimum contacts. Kurland explains how the Court has balanced state interests in adjudication against the constitutional protections afforded to individuals, emphasizing that jurisdictional authority arises from lawful state power rather than private consent alone.
By situating personal jurisdiction within constitutional structure and Supreme Court oversight, the article clarifies the legal foundations of state court authority and the role of due process in limiting arbitrary or excessive assertions of power. This work remains a foundational reference in scholarship addressing jurisdiction, procedural due process, and the constitutional relationship between individuals and state courts.
Citation
Kurland, P. B. (1958). The Supreme Court, the Due Process Clause, and the in personam jurisdiction of state courts. University of Chicago Law Review, 25(4), 569–596.
University of Chicago Law Review (PDF)