A New Guard at the Courthouse Door: Corporate Personal Jurisdiction in Complex Litigation After the Supreme Court’s Decision Quartet

In a quartet of recent decisions, the Supreme Court substantially reshaped the analysis of due process limits for a state\u27s exercise of personal jurisdiction over corporations for the first time since its groundbreaking 1945 decision in International Shoe Co. v. Washington. The Court\u27s decision quartet recasts the International Shoe continuum of corporate contacts for which it would be reasonable for the state to exercise jurisdiction based on traditional notions of fair play and substantial justice into a more rigid bright-line dichotomy between general and specific jurisdiction: for a state to exercise general (or all-purpose) jurisdiction over any suit, regardless of the suit\u27s connection to the state, the company must be essentially at home in the jurisdiction, generally requiring that the company be incorporated or have its principal place of business there. Otherwise, the court must have specific jurisdiction, in which the claims of each plaintiff must arise out of or relate to the company\u27s contacts with the state. Justice Sotomayor issued concurring and dissenting opinions warning that the Court\u27s new approach could seriously curtail nationwide class action and mass tort litigation involving corporate wrongdoing, particularly in cases involving foreign country corporations, multiple corporate defendants, and smaller claimants. Given the critical importance of personal jurisdiction as a gatekeeper for access to our courts, this Article analyzes the changes to International Shoe introduced by the decision quartet as applied to class actions, mass actions, and other large-scale litigation. It concludes that the Supreme Court\u27s decision quartet will reduce forum shopping, that there should continue to be meaningful access to the courts for nationwide or multi-state aggregate litigation, and that other options, such as state-wide only suits brought in states in which plaintiffs are injured, together with nationwide federal Multidistrict Litigation ( MDL\u27) centralization and federal/state court coordination, will also still be available and will often present a better alternative given choice-of-law and other challenges with nationwide and multi-state actions. However, this Article also addresses the very real threats that some courts may too narrowly apply the decision quartet\u27s new tests or apply the tests so as to insulate foreign country companies from jurisdiction. To address these threats, more flexible approaches are proposed for deserving cases with respect to both the decision quartet\u27s at home requirement for general jurisdiction and the quartet\u27s arising out of or related to requirement for specific jurisdiction. It is also proposed that for nationwide or multistate class actions, courts should apply a presumption that considers only the claims of the named plaintiffs for the specific jurisdiction claim connectedness requirement, rather than the claims of each absent class member, which is similar to how federal diversity jurisdiction is already tested only for the named plaintiffs in class actions, although defendants should be permitted to rebut the presumption by showing that the forum state bears insufficient connection to absent class members to satisfy the reasonableness requirement for the assertion of specific jurisdiction on a class-wide basis. Finally, addressing a troublesome topic concerning which the Supreme Court appears closely divided, it is proposed that a foreign company\u27s systematic fifty-state sales targeting be treated as a “purposeful” jurisdictional contact with any state where substantial injury is caused to the plaintiff by the targeting

The Jefferson Scale of Empathy: a nationwide study of measurement properties, underlying components, latent variable structure, and national norms in medical students.

The Jefferson Scale of Empathy (JSE) is a broadly used instrument developed to measure empathy in the context of health professions education and patient care. Evidence in support of psychometrics of the JSE has been reported in health professions students and practitioners with the exception of osteopathic medical students. This study was designed to examine measurement properties, underlying components, and latent variable structure of the JSE in a nationwide sample of first-year matriculants at U.S. colleges of osteopathic medicine, and to develop a national norm table for the assessment of JSE scores. A web-based survey was administered at the beginning of the 2017-2018 academic year which included the JSE, a scale to detect good impression responses, and demographic/background information. Usable surveys were received from 6009 students enrolled in 41 college campuses (median response rate = 92%). The JSE mean score and standard deviation for the sample were 116.54 and 10.85, respectively. Item-total score correlations were positive and statistically significant (p \u3c 0.01), and Cronbach α = 0.82. Significant gender differences were observed on the JSE scores in favor of women. Also, significant differences were found on item scores between top and bottom third scorers on the JSE. Three factors of Perspective Taking, Compassionate Care, and Walking in Patient\u27s Shoes emerged in an exploratory factor analysis by using half of the sample. Results of confirmatory factor analysis with another half of the sample confirmed the 3-factor model. We also developed a national norm table which is the first to assess students\u27 JSE scores against national data

Satellite provided customer premises services: A forecast of potential domestic demand through the year 2000. Volume 1: Executive summary

Development of a forecast of the total domestic telecommunications demand, identification of that portion of the telecommunications demand suitable for transmission by satellite systems, identification of that portion of the satellite market addressable by CPS systems, identification of that portion of the satellite market addressable by Ka-band CPS system, and postulation of a Ka-band CPS network on a nationwide and local level were achieved. The approach employed included the use of a variety of forecasting models, a parametric cost model, a market distribution model and a network optimization model. Forecasts were developed for: 1980, 1990, 2000; voice, data and video services; terrestrial and satellite delivery modes; and C, Ku and Ka-bands

The Administrative Law of Regulatory Slop and Strategy

Judicial review of agency behavior is often criticized as either interfering too much with agencies’ domains or doing too little to ensure fidelity to statutory directives and the rule of law. But the Trump administration has produced an unprecedented volume of agency actions that blatantly flout settled administrative-law doctrine. This phenomenon, which we term “regulatory slop,” requires courts to reinforce the norms of administrative law by adhering to established doctrine and paying careful attention to remedial options. In this Article, we document numerous examples of regulatory slop and canvass how the Trump agencies have fared in court thus far. We contend that traditional critiques of judicial review carry little force in such circumstances. Further, regulatory slop should be of concern regardless of one’s political leanings because it threatens the rule of law. Rather than argue for a change to substantive administrative-law doctrine, therefore, we take a close look at courts’ remedial options in such circumstances. We conclude that a strong approach to remedies can send corrective signals to agencies that reinforce both administrative-law values and the rule of law