Originally, the foundation of jurisdictional jurisprudence in the United States rested on the premise that no state could exercise jurisdiction over a person outside its territorial borders. With the advent of modern industrial society, solely territorial based notions of sovereignty and jurisdiction became strained and unworkable. The concept that a state has control over everything within its borders and nothing beyond began to erode. As a result, during the twentieth century, the courts began to shift their focus from a territorial concept of jurisdiction to a notice-based concept. State courts exercised jurisdictional powers beyond their geographical territory so long as the party over whom the court sought jurisdiction had fair notice that jurisdiction might be asserted. The requirement that a party have notice refers to both the rules concerning the actual service of process and the Constitutional limits imposed by the due process clause. It is the latter requirement that is the subject of this note.
Christopher Allen Kroblin,
Expanding the Jurisdictional Reach for Intentional Torts: Implications for Cyber Contacts, 31 Golden Gate U. L. Rev.