- “Don’t Come Around Here No More”: Narrowing Personal Jurisdiction Over Non-Resident Corporations in Illinois, 42 S. Ill. U.L.J. __ (forthcoming Summer 2018).
Abstract: In 2011, the U.S. Supreme Court began to raise the bar on personal jurisdiction. In a series of cases, the Court articulated a much more limited view of personal jurisdiction over corporations. Applying and building upon this precedent, the Illinois Supreme Court interpreted Illinois law relating to personal jurisdiction, and in so doing, further narrowed the situations in which a non-resident corporate defendant may be subjected to in personam general jurisdiction in Illinois.
In particular, in Aspen American Insurance Co. v. Interstate Warehousing, Inc., the Illinois Supreme Court held that where the lawsuit was unrelated to the non-resident corporation’s Illinois activities, an Illinois court did not have jurisdiction over the corporation even though the corporation had registered to do business in Illinois and had an agent for service of process in Illinois. The Illinois Supreme Court further interpreted the Illinois Business Corporation Act of 1983 and concluded that the registration provision for non-resident corporations to do business in Illinois does not establish consent by the non-resident corporations to general jurisdiction in Illinois.
This article discusses this series of cases limiting general personal jurisdiction over non-resident corporate defendants and considers the impact on plaintiffs and defendants, particularly in mass tort cases. Higher jurisdictional hurdles result in serious access to justice implications for plaintiffs and for the efficient litigation of multi-party disputes. In some cases, plaintiffs will be deprived of a U.S. forum entirely; in other cases, obtaining personal jurisdiction over corporate defendants will be prohibitively inconvenient and expensive. If a plaintiff is unable to join the necessary defendants in one location, it will be more costly and time consuming—and maybe even impossible—to conduct the litigation. In addition, efficiency is lost when multiple plaintiffs cannot join together to bring common claims against common defendants. It is also potentially more expensive, duplicative, and inconvenient for defendants who must defend separate suits in multiple jurisdictions without being able to join all the supply chain defendants in one action. This inefficiency thwarts the basic policy underlying the Federal Rules of Civil Procedure and state civil procedure rules to encourage the efficient resolution of disputes.
- “Your Time to Shine is Drawing Near”: Remembering Professor Bill Schroeder, 41 S. Ill. U.L.J. 247 (2017).
- Foreword to the Southern Illinois University Law Journal Symposium Issue—The President’s Taskforce on Twentieth Century Policing: Procedural Justice, Policing and Public Health, 40 S. Ill. U. L.J. 415 (2016) (co-authored with Professor Ed Dawson).
- Germany’s Legal Education System Offers Lessons for U.S. Reform, Chicago Daily Law Bulletin, Vol. 159, No. 198 (October 9, 2013).
Abstract: The need for reform in both the economic model of legal education and in the law school curriculum is driven by various factors. Changes in the economy, advancements in technology and the new demands of a global marketplace have changed the legal profession and professionals, and educators recognize that the way we train new lawyers can be improved.
As we consider ways to improve legal education in the United States, it is helpful to consider the legal education systems in place in other countries. As a Fulbright senior scholar in Germany, I had the opportunity to learn about legal education there. This essay provides an overview of the German legal education system and suggests that U.S. law schools should look outside our own borders as we consider how best to re-envision American legal education.
- Aiding and Abetting the Unauthorized Practice of Law, “Ethics Question of the Week” in Corporate Counsel Weekly (CCW) (March 3, 2010); also published in Corporate Practice Series Portfolio No. 87, “Legal Ethics for In-House Corporate Counsel” (2010).
Abstract: This essay considers issues related to the unauthorized practice of law for in-house corporate attorneys.
- Stepping In: The Unique Challenges Faced By Interim Law Deans, 40 Univ. Toledo L. Rev. 343 (2009) (Leadership in Legal Education Symposium IX).
Abstract: Many, if not most, of the dean’s responsibilities are completely new to the typical interim dean, who usually comes from the faculty. This is true even for the interim dean who has previously served as an associate or assistant dean. For the first time, interim deans will be responsible for relationships with not only their colleagues and students, but also with the law school staff, a number of people at the university level (including their direct supervisor), and external constituencies, such as alumni, donors, and other members of the community. Most importantly, interim deans will be responsible for the entire law school, rather than for one department or one aspect of it.
Often, training for interim deans is scant. Yet, the interim dean has all the responsibilities of “The Dean.” Interim deans must hit the ground running, often with little or no administrative experience and almost always with no decanal experience. Moreover, interim deans face many unique challenges resulting from the transitional and short-term nature of their appointments.
The purpose of this essay is to provide assistance and advice for new interim deans in the midst of this transition based on my experience as an interim dean for over two years.
- An Open Letter to the Next President of the United States, Rotagraph, Vol. 90, No. 18, October 31, 2008 (editorial regarding crisis in American civic literacy).
- Texas Wesleyan Law School and Its Public Service Partnerships, Tarrant County Bar Bulletin (December 2006) (Winner of State Bar of Texas 2007 Best News Article Award).
- Have License, Will Travel: An Analysis of the New ABA Multijurisdictional Practice Rules, 81 Wash. U. L. Q. 737 (2003).
- In the Shadow of Atticus Finch: Constructing a Heroic Lawyer, 13 Widener L. J. 123 (2003) in Symposium, When a Lawyer Stood Tall: Sharing and Understanding Stories of Lawyer Heroes, 13 Widener L. J. 1 (2003).
- Crossing State Lines: The New ABA Multijurisdictional Practice Rules, Wesleyan Lawyer 26 (Summer 2003).
- Teaching Legal Methods: Why, How, and What Next?, 7 Mich. J. Race & Law 494 (2002) in Breaking Into The Academy: The 2002-2004 Michigan Journal of Race & Law Guide For Aspiring Law Professors (eds. Gabriel J. Chin & Denise C. Morgan).
- What Kind of Lawyer Will You Be?, Wesleyan Lawyer 30 (Spring 2002).
- When is a Computer a Lawyer?: Interactive Legal Software, Unauthorized Practice of Law, and the First Amendment, 71 U. Cin. L. Rev. 147 (2002).
- Due Process and the Impermissible Collateral Attack Rule in Employment Discrimination Cases: An Analysis of Section 108 of the Civil Rights Act of 1991, 58 U. Pitt. L. Rev. 435 (1997).