World Wide Volkswagen Corporation v. Woodson considers the problem of modifying in personam jurisdiction to comply with the changing nature of the American economy. Several lower courts had adjusted the "minimum contacts" test of International Shoe Co. v. Washington to allow for the differences in modern economic lifestyle, but a uniformity amongst the various approaches was lacking. Rather than synthesize a contemporary test for the assertion of in personam jurisdiction, the World- Wide Court chose to place state sovereignty above modern commercial realities and adhere to a more rigid application of the minimum contacts analysis. The author takes issue with this lack of flexibility and questions the inequitable results that will likely occur from an approach that separates the consideration of fairness to the parties from the minimum contacts test. It is also shown that due to this separation, fairness remains only an academic discussion. Also, the author urges a reconsideration of the issue with a presentation of solutions and examples of other more modern approaches.
Craig H. Millet
World-Wide Volkswagen Corporation v. Woodson: Minimum Contacts in a Modern World,
8 Pepp. L. Rev.
Available at: http://digitalcommons.pepperdine.edu/plr/vol8/iss3/5