1985SSRN Electronic JournalOpen access

The Helicopter Case and the Jurisprudence of Jurisdiction

Louise Weinberg

Open full text 0 citations

Abstract

This is a comprehensive study of Supreme Court's 1984 Helicopteros case, written at time. Helicopteros was a precursor of such later transnational jurisdiction cases as Asahi, Goodyear, and Nicastro. This paper's detailed analysis of the Helicopter Case can now be read in application to these more current cases. In course of its argument, paper works through much of jurisprudence of jurisdiction -- that is, jurisdiction over person of defendant -- and becomes a detailed critique of this jurisprudence, identifying and documenting fallacies behind Court's thinking, and Court's consequent missteps. Although transnational litigation presents special problems, much of this case study is intended to be of use in thinking about jurisprudence of jurisdiction in interstate litigation as well.

About this research paper

What this paper is about

This is a comprehensive study of Supreme Court's 1984 Helicopteros case, written at time. Helicopteros was a precursor of such later transnational jurisdiction cases as Asahi, Goodyear, and Nicastro. This paper's detailed analysis of the Helicopter Case can now be read in application to these more current cases. In course of its argument, paper works through much of jurisprudence of jurisdiction -- that is, jurisdiction over person of defendant -- and becomes a detailed critique of this jurisprudence, identifying and documenting fallacies behind Court's thinking, and Court's consequent missteps. Although transnational litigation presents special problems, much of this case study is intended to be of use in thinking about jurisprudence of jurisdiction in interstate litigation as well.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

This is a comprehensive study of Supreme Court's 1984 Helicopteros case, written at time. Helicopteros was a precursor of such later transnational jurisdiction cases as Asahi, Goodyear, and Nicastro. This paper's detailed analysis of the Helicopter Case can now be read in application to these more current cases. In course of its argument, paper works through much of jurisprudence of jurisdiction -- that is, jurisdiction over person of defendant -- and becomes a detailed critique of this jurisprudence, identifying and documenting fallacies behind Court's thinking, and Court's consequent missteps. Although transnational litigation presents special problems, much of this case study is intended to be of use in thinking about jurisprudence of jurisdiction in interstate litigation as well.

Key concepts: Jurisprudence, Jurisdiction, Supreme court, Argument (complex analysis), Law, Original jurisdiction, Political science, Medicine

Related papers

Back to paper searchBrowse research topicsOriginal source
The Helicopter Case and the Jurisprudence of Jurisdiction — Research Paper | ScholarLens