Absent Class Members, 180 96. See Also Class Actions; Adequacy of Notice, 303 5, 307; Adequacy
abortion, 32
absent class members, 180–96. See also class actions; adequacy of notice, 303–5, 307; adequacy of representation, 180–96, 304–5; collateral attacks, 186–88; judgments, 184, 188; minimum contact with forum state, 200 nn.34–35, 306–7; notice, 152; opt out option, 184, 306–7; parties bound by judgment, 185–96
access to the courts, 109–16; appellate review, 113; civil cases, 113–14; criminal cases, 110–13; debtors, 113–14; divorce claimants, 113–14; indigent parties, 110–11, 113–14, 115; paternity cases, 115; prisoners, 110–11, 127 nn.57–58; welfare benefits, 114–15
accidents, automobile, 130, 216, 236, 274–78
acquittals, 98
action, notice of, 130–34, 247
actual notice, 135–46, 301
adequacy of notice. See notice, adequacy of
adequacy of postdeprivation hearings, 79
adequacy of remedy, 72, 75, 77–78, 305
adequacy of representation. See representation, adequacy of
administrative and judicial settlements, 195–96
administrative costs, 68, 71, 73–74, 90–92. See alsoEldridge balancing test
administrative notice, 95–99
Administrative Procedure Act (APA), 107–8
administrative segregation of prisoners, 46–47, 60 n.81, 73, 84, 86, 89
admiralty actions, 136, 302, 316
adoption, 84–85
advertising, 233
after-acquired domicile, 278, 280–81, 322
Agent Orange, 151, 161 n.51
agents (for foreign corporations), 215–17
aggregated contacts rule, 249
airlines, 189
alien defendants, 313
aliens, 22–24, 52 n.6, 292. See also enemy aliens
Allstate test, 274–75, 279–83, 324
amended pleading, 171
Anticybersquatting Consumer Protection Act (ACPA), 241, 314–15
Antifederalists, 4–5
appellate review: access to the courts, 113; prisoners, 112–13; right to, 109–16; right to counsel, 100, 112–13; statement of reasons, 97–98
appointed counsel, 100
arbitrary government, 3, 6, 290
arbitrary or fundamental unfairness, 280, 282, 296
Articles of Confederation, 3
asbestos, 151
attorneys, 175. See also counsel, right to
attorneys' fees, 117
automobiles: abandoned, 141; accidents, 130, 216, 236, 274–78; impoundment or seizure of, 76, 143
Bailey, Dorothy, 33–34
balancing test. SeeEldridge balancing test
banking, 70, 73, 76, 243
bankruptcy, 142, 146, 193–94, 301
Bankruptcy Act, 114
bar (claim preclusion), 164–65, 175
Beale, Joseph, 266
bench trials, 98
beyond a reasonable doubt, 103–7
Bill of Rights, 4–6
"bitter with the sweet" theory, 36
Blackmun, Harry A., 89, 274–75
Borchers, Patrick, 210
Bradley, Joseph P., 10
Brandeis, Louis D., 285–86 n.14
breach of contract suits, 75
Brennan, William J. Jr., 38, 237, 246, 274–75
bright-line rule, 184
Brilmayer, Lea, 231
brokerage firms, 150
Burke, Olive and James, 172
businesses, foreign, 215–24, 235, 267–68
"but for" test, 232, 313
capital punishment: decisionmakers, 82; life interests, 32; opportunity to submit evidence, 85–86; right to confront and cross-examine witnesses, 93–94; right to counsel, 100
cars. See automobiles
Casad, Robert, 250
child custody, 86–87
children, 59 n.73
choice of law, 263–83; class actions, 281; foreseeability, 277; Fourteenth Amendment, 263–83; state courts, 263–83, 284 n.2, 319; state interests, 269–71, 274–78, 321, 323; statute of limitations, 282–83, 323
citizen-detainees, 23–24, 71–72, 84. See also unlawful combatants
civil cases: access to the courts, 113–14; form of notice, 145; standard of proof, 106
civil rights, 9, 159 n.40, 291, 302
Civil Rights Act (of 1866), 8, 194
Civil Rights Act (of 1991), 304
claim preclusion, 164–65, 175
class actions, 147–53. See also absent class members; Federal Rules of Civil Procedure, Rule 23; adequacy of notice, 151–52, 172, 194–96, 302–3, 307; adequacy of representation, 173–74, 180–96, 308; choice of law, 281; collateral attacks, 186–88; de facto, 195; Fifth Amendment, 200 n.35; form of notice, 145, 148–53; Fourteenth Amendment, 200 n.35; hybrid, 150, 159–60 n.45, 182–83, 302–3; injunctive relief, 183; judgments, 171–76, 185–88; judgment without jurisdiction or notice, 182–83; mandatory, 182–85, 307; minimum contacts with forum state, 180–83; monetary damages, 183–85, 202 n.50; Mullane test, 144, 152, 194; multistate cases, 323; nonparty preclusion, 303–4; notice by mail or publication, 150–52; opt out option, 182–85, 202 n.50, 302–3, 306–7; parties bound by judgments, 180–93, 305; relief, 183; settlements, 153, 307; significant or substantial contact, 279–81; Title VII, 307; unknown and unknowing class members, 152, 161 n.51, 182
clear and convincing evidence, 103–7
clemency, 50
Coke, Sir Edward, 2–3
collateral attacks, 167–69, 186–88, 194, 305, 307
collateral estoppel, 164–65, 175, 186–88
colonial era, 3, 61
combatants, unlawful, 23–24, 52–53 nn.7–12
common knowledge, 95–99
communism, 42
commutation of a sentence, 50, 98
comparative impairment, 269
compensatory damages, 116–18
component parts, 236–37
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 195
compulsion test, 28–30
computer errors, 74
concurrent property owners, 179
condemnation actions, 134–35
confrontation of witnesses. See witnesses, right to confront and cross-examine
Congress, 7
consent, 130, 215–17, 219
consent decrees, 168–69, 194, 305
Constitution, United States, 4–6, 7
Constitutional Convention, 4–5
Continental Congress, 4
continuous and systematic contacts, 229–33
contracts, 180, 190–91, 265–69, 273
contract theory, 298–99
contractual relations, interference with, 239
control of litigation, 174–76
copyright infringement, 239
corporal punishment, 73, 75
corporations: consent, 217; foreign (out of state), 215–24, 235, 267–68, 312–13; judgments, 175; personal jurisdiction, 244; as persons, 24; private, 24
counsel, right to, 99–103; appellate review, 100, 112–13; appointed, 100; capital punishment, 100; criminal cases, 100; delay of hearings, 99; Eldridge balancing test, 100, 102; indigent parties, 100–103, 124 n.37; juvenile offenders, 100–101; liberty interests, 100–103; mental hospitals and patients, 101; parental rights, 102; parole or probation revocation, 101, 124–25 n.41; prisoners, 100–103, 112–13, 125 n.43; school suspensions and expulsions, 103; sex offenders, 100; Sixth Amendment, 99
courts. See federal courts; state courts
courts, access to. See access to the courts
covenants, 171–74
creditors, 138–39
criminal cases: access to the courts, 110–13; decisionmakers, 83; delay of hearings, 77; Eldridge balancing test, 119 n.5; fairness, 291; interpreters, 90; Patterson test, 119 n.5; right to call witnesses, 90; right to confront and cross-examine witnesses, 94; right to counsel, 100; standard of proof, 104
cross-examination of witnesses. See witnesses, right to confront and cross-examine
Crosskey, William W., 6, 11
cruel and unusual punishment, 32
custody, 86–87
cyberspace, 239–41, 314–15
damages: compensatory, 117; incidental, 201 n.43, 201 n.45; monetary, 116–17, 183–85, 201 n.41, 202 n.50; punitive, 117; remedies, 75, 116–18
death penalty. See capital punishment
debtors, 74, 113–14, 214
decisionmakers: capital punishment, 82; criminal cases, 83; decision based on evidence, 96; enemy combatants, 82–83; impartiality and qualifications of, 66, 79–84, 121 n.16; involuntary commitment, 83; lay judges, 83; matters of common knowledge and indisputable fact, 96; Medicare benefits, 83; parole or probation revocation, 81, 83; pecuniary interests of, 81–82; review of, 81; standard of proof, 103–7; state actors as, 80
Declaration of Independence, 3
declaratory relief, 183
de facto class action, 195
de facto representation, 190–93
defamation actions, 240
defend, opportunity to, 209–11
definition (of due process), 1, 11
delay of hearings, 75–77, 99
deleterious substances, 151
demolition of real property, 140
denial of access complaint, 116
Department of Labor, 95
deportation cases, 90
deprivations: compensation for, 116–18; Eldridge balancing test, 71–72; erroneous, 65–68, 74, 79, 94; liberty interests, 78; parental rights, 72; police officers, 73; property interests, 72, 76, 78; public utilities, 72, 75; school suspensions and expulsions, 72, 73; severity, length and finality of, 67, 72; state actors, 79; welfare benefits, 72
dignity theory, 298
direct action statute, 271
disability benefits hearings, 66–68, 88, 94
discriminatory practices, 168–69, 194, 284 n.3
divorce claimants, 110–15
doing business test, 219
domain names, 241
domicile, 217–18, 284 n.3; after-acquired, 278, 280–81, 322
doubt, beyond a reasonable, 103–7
drivers' licenses, 37, 74
due diligence, 133
Easterbrook, Frank H., 6
economic advantage, interference with prospective, 239
effects test, 238–39, 315
Eighth Amendment, 32
Eldridge balancing test, 66–67, 298; criminal cases, 119 n.5; hearings, 65–66, 71–76; liberty interests, 68, 71–75; parental rights, 105–6; public interests, 68; right to call witnesses, 90–91; right to confront and cross-examine witnesses, 93; right to counsel, 100, 102; standard of proof, 105–6; statement of reasons, 99
Ely, John Hart, 31
e-mail, notice by, 142, 300
employees. See public employees
employers, 175
employment discrimination, 194
enemy aliens, 23–24, 71, 292. See also aliens; enemy combatants
enemy combatants, 23–24. See also enemy aliens; adequacy of notice, 84; decisionmakers, 82–83; liberty interests, 71–72; opportunity to submit evidence, 86
English law, 2–3, 7
entitlements, 36–39, 65, 294–95, 297. See also government benefits
entitlement theory, 294–95
environmental actions, 190, 194–95
Equal Protection Clause, 9, 110
erroneous deprivations, 65–68, 74, 79, 94
eviction actions, 135
evidence, 67–68, 85–89, 94–99, 103–7, 122 n.21
evidence, opportunity to submit, 85–87, 122 n.21
evidentiary hearings, 65–68, 79
"exclusive public function" test, 28, 30
executors, 179–80
exigent circumstances exception, 69, 70–75, 77, 244
ex parte findings, 74
express consent, 215–16
expulsions. See school suspensions and expulsions
facts, indisputable, 95–99
fairness or reasonableness factors, 219–28, 231, 237
fair warning, 234
Farina, Cynthia, 33–34, 39
fax, notice by, 142, 300
federal agencies, 107–9
Federal Bureau of Investigations (FBI), 144
federal courts, 166–67, 247–50, 317–18
federalism, interstate, 224–25, 311
federal judgments, 166–67
Federal Magistrates Act, 119 n.5
Federal Power Commission (FPC), 279
Federal Register, 195
Federal Rules of Civil Procedure. See also class actions: Rule 4, 244, 247–50, 318; Rule 15, 171; Rule 23, 147–53, 169, 182, 184, 200 n.35, 201 n.41, 202 n.50, 303
fee limitations, 103
Fen-Phen, 151
Field, Stephen J., 252–53 n.14
Fifth Amendment: aliens, 22–24; class actions, 200 n.35; contrasted with Fourteenth Amendment, 15 n.2; grand juries, 10–11; jurisdiction of federal courts, 317–18; origins of, 6; personal jurisdiction, 247–50; political subdivisions, 25–27; private corporations, 24; unlawful combatants, 23–24
filing fees, 110–14
financial and administrative burden, 68, 71, 73–74, 90–92. See alsoEldridge balancing test
First Amendment Petition Clause, 110
foreclosure actions, 139–40, 145–47, 301
foreign defendants, 313
foreign (out of state) corporations, 215–24, 235, 267–68, 312–13
foreseeability, 234–36, 272–73, 276, 277, 319
forfeiture, 144, 158 n.37
Fourteenth Amendment: aliens, 22–24; choice of law, 263–83; class actions, 200 n.35; contrasted with Fifth Amendment, 15 n.2; Due Process Clause, 9; Equal Protection Clause, 9, 110; grand juries, 10–11; interpretation, 10–11; judgment without jurisdiction, 209; judgment without jurisdiction or notice, 13; jurisdiction of state courts, 12–14; limited protection of, 10; notice, form of, 130–31; origins of, 8–9; personal jurisdiction, 209; political subdivisions, 25–27; private corporations, 24; universality of provisions, 22; unlawful combatants, 52–53 nn.7–12
fraud, 239
Freedmen's Bureau Act, 8
Friendly, Henry, 79, 120–21 n.13
Fullerton, Maryellen, 250
Full Faith and Credit Clause. See also state courts: choice of law, 264, 319; jurisdiction of state courts, 13, 166–68, 208–10, 309; statute of limitations, 281–82
fundamental unfairness, 280, 282
garnishment, 72, 75, 214, 242, 267–68
general jurisdiction, 228–33, 312–13. See also personal jurisdiction
Ginsburg, Ruth Bader, 187
good name, 42–45
government action, regulation of, 27–30
governmental interest analysis, 269
government benefits, 34–35, 37–39, 55 n.32, 65–66, 294–95, 297. See also entitlements
government interests. See public interests
government representation, 188–90, 203–4 n.58
grand juries, 10–11
Guantanamo Bay, 23–24
guardians, 179–80
habeas corpus, writ of, 109–16
handbills, 134–36
Hansberry, Carl, 172
Harlan, John M., 11
harness horse racing, 73
Health, Education and Welfare, Department of (HEW), 66
hearings. See also evidentiary hearings; postdeprivation hearings; predeprivation hearings: adequacy of, 79; delay of, 75–77; Eldridge balancing test, 65–66, 71–76; fairness, 79, 120–21 n.13, 299; liberty interests, 68; nature of, 79; opportunity to be heard, 69, 86–87, 163–64, 168, 304–5; timing of, 63–64, 66–70, 75–78
historical precedent, 11, 14, 291
Holmes, Oliver W. Jr., 33, 63, 266
horse racing, 73
horse trainers, 37, 74
Howard, Jacob, 9
hybrid class actions, 150, 159–60 n.45, 182–83, 302–3
identification of affected parties, 134–42
identity of interests, 193
immigration, 292
implied consent, 130, 215–16, 219
importance test, 31
impoundment, 76, 143
imprisonment. See prisoners
incidental damages, 201 n.43
indictment, 81
indigent parties: access to the courts, 110–11, 113–15; divorce claimants, 113–14; right to counsel, 100–103, 124 n.37
information (formal criminal charge), 10–11
injunctions, 169–70, 183
inmates. See prisoners
in personam actions, 130, 133–34
in personam jurisdiction. See personal jurisdiction
in rem actions, 129–31, 133–34, 241
in rem jurisdiction, 212–13, 222–24, 314–15. See also personal jurisdiction
insanity defense, 125–26 nn.45
insurance actions, 82, 175, 214, 242, 266–69, 272–78, 320
intangible property, 214, 222
intentional conduct, 239
interest, successors in, 176–79, 199 n.27
interest representation, 304–5
interests. See joint interests; liberty interests; property interests; public interests; state interests
international law, 208–10
Internet, 239–41, 314–15
interpreters, 90, 122 nn.26–27
interstate commerce, 218–19
interstate federalism, 224–25, 311
involuntary commitment. See also mental hospitals and patients; prisoners, transfers to mental hospitals: decisionmakers, 83; liberty interests, 78; standard of proof, 104–5
involuntary psychiatric or medical treatment, 80, 107, 123 n.38
irrebuttable presumptions, 86
issue preclusion, 164–65, 175, 186–88
Jefferson, Thomas, 4
joinder, 169–74, 303–4
joint interests, 176–79
"joint participation" test, 28–30
Jones, Shirley, 238–39
judges, lay, 83
judgments: absent class members, 184–88; adequacy of notice, 194–96; adequacy of representation, 179–96; class actions, 171–76, 185–88, 305; collateral attacks, 194; consent decrees, 194; corporations, 175; federal, 166–67; government representation, 188–90; identity of interests, 193; legal relationships, 190–93; nonparty preclusion, 168–76, 190–93, 197–98 n.12, 303–4; opportunity to be heard, 163–64; parens patriae, 188–90; parties bound by, 171–96, 305; parties not bound by, 164–65; preclusion principles, 164–65; public interests, 188–90; real property, 177; of state courts, 166, 209, 212; successors in interest, 199 n.27; without jurisdiction or notice, 13, 18 n.77, 19 n.82, 145–46, 167–68, 182–83, 209, 218
judicial or administrative notice, 95–99
judicial review, 97–98, 107–9, 296
jurisdiction, legislative, 265–66, 269
jurisdiction by necessity, 244
justice, equal access to, 110
juvenile offenders: adequacy of notice, 84; mental hospitals, 82; notice, amount required, 154; right to appear in person, 88; right to confront and cross-examine witnesses, 93; right to counsel, 100–101; standard of proof, 104
Kamp, Allen, 172
Labor, Department of, 95
labor unions, 24–25
law, license to practice, 37, 57 n.51
law libraries, 112–13
Law of Nations, 210
law of the land, 2–3, 5
lay judges, 83
legal materials, access to, 110, 112–13
legal relationships, 179–80, 190–93
legislative jurisdiction, 265–66, 269
legislature, 8, 11
lex loci contractus rule. See territoriality principle
libel, 238–39
liberty interests, 41–50; adequacy of remedy, 75; children, 59 n.73; citizen-detainees, 71–72; clemency, 50; contracts, 266–67; deprivation, 78; Eldridge balancing test, 68, 71–75; enemy combatants, 71–72; hearings, 68; involuntary commitment, 78; nature of, 296–97; parole or probation revocation, 49–50, 61 n.84; personal jurisdiction, 225; prisoners, 45–49, 58 n.67, 59 nn.74–75, 71, 107; reputation, 42–45, 59 nn.69–70; right to call witnesses, 90; right to confront and cross-examine witnesses, 93; right to counsel, 100–102; sex offenders, 44; standard of proof, 104–5, 107
libraries, law, 112–13
licenses, driver's or professional, 37, 57 n.51
life interests, 32–33
loans, 266–67
long-arm statute, 243, 248, 318
Madison, James, 5
magistrates, testimony before, 89–90
Magna Carta, 1–3, 5
mail, notice by. See notice by mail
mandatory class actions, 182–85, 307
Marshall, Lawrence C., 79
Marshall, Thurgood, 38, 274–75
McCarthyism, 34
McCoid, John, 180
Medicaid benefits, 38, 57 n.53
medical evidence, 67–68, 88–89, 94
Medicare benefits, 38, 80, 82–83
medicine, license to practice, 37, 57 n.50
Megan's Law, 44, 87
mental hospitals and patients, 45, 78, 82, 101, 107. See also involuntary commitment; prisoners, transfers to mental hospitals
merger, 165
Meyer, Hermine Herta, 2, 209–10
Miller, Arthur R., 152, 174, 176–77
minimum contacts: absent class members, 200 nn.34–35, 306–7; class actions, 180–83; test, 219–28, 233–35, 237–38, 245–46, 249, 310–11, 315–16
Monaghan, Henry Paul, 31
monetary damages, 116–17, 183–85, 201 n.41, 202 n.50
money, forfeiture of, 144, 158 n.37
mortgagees, 137, 146
Mott, Rodney, 3, 6
Mullane test, 132, 144, 146, 152, 194, 300
multistate cases, 263–83, 323
municipalities, 25–27
Mushlin, Michael, 243
national security interests, 70–71
Native Americans, 203–4 n.58
Navigation Acts, 3
necessity, jurisdiction by, 244
negligent acts, 50–51, 77–78
New Deal, 211, 269
"nexus" test, 28–30
no-action clause, 271
nonarbitrariness theory, 296
noncitizens, 22–24, 291–92, 313
nonclaim statutes, 138, 301
non-English speakers, 90, 122 nn.26–27
non-judicial decisionmakers, 83
nonparties. See also joinder: adequacy of notice, 193, 194–96; adequacy of representation, 193; bound by judgment, 168–76, 190–93, 197–98 n.12, 303–4; control of litigation, 174–76; identity of interests, 193; settlements, 195–96
nonparty preclusion, 303–4
nonresidents, 130, 212–14, 216, 222
Northwest Ordinance, 4
notice, actual, 135–46, 301
notice, adequacy of: absent class members, 303, 307; adequacy of representation, 204 n.64, 304–5; adoption, 84–85; class actions, 151–52, 172, 194–96, 302–3, 307; enemy combatants, 84; foreclosure actions, 146–47; judgments, 194–96; juvenile offenders, 84; mortgagees, 146; nonparties, 193, 194–96; notice by mail, 145; notice by publication, 194–96; parental rights, 84–85, 121–22 n.20; parties bound by judgments, 194–96; prisoners, 84; public utilities, 147; real property, 146; request-notice statutes, 140; school suspensions and expulsions, 84; taxes, 146, 300–301; welfare benefits, 84
notice, administrative, 95–99
notice, amount required, 153–54
notice, form of, 129–36. See also actual notice; notice, adequacy of; notice by e-mail or fax; notice by mail; notice by posting; notice by publication; absent class members, 152; bankruptcy, 142, 146, 301; civil cases, 145; class actions, 145, 148–53; employee benefits, 145; foreclosure actions, 139–40; Fourteenth Amendment, 130–31; identification of affected parties, 134–42; mortgagees, 137; Mullane test, 131–33, 144, 300; to non-state residents, 130; partnerships, 141; prisoners, 142–54; property interests, 130–36; reasonably calculated to reach recipient, 143–45, 149; reasonably identifiable parties, 134–42; taxes, 139–40; without service of process, 131–34
notice, judgment without, 13, 145–46
notice, judicial or administrative, 95–99
notice by e-mail or fax, 142, 300
notice by mail, 133, 142; adequacy of, 145; class actions, 150; property interests, 134; real property, 134, 136–37
notice by posting, 134–36
notice by publication: adequacy of, 194–96; class actions, 151–52; in personam actions, 133–34; probate, 138; property interests, 134; in rem actions, 129–31, 133–34; trust funds, 131–32
occupation taxes, 192
O'Connor, Sandra Day, 35, 38, 137, 237–38, 287 n.41
oil companies, 279–81
opportunity to be heard, 61 n.84, 69, 86–87, 163–64, 168, 304–5
opportunity to defend, 209–11
opportunity to submit evidence, 85–87, 122 n.21
option contracts, 190–91
opt out option, 182–85, 202 n.50, 302–3, 306–7
oral testimony, 87–88
origins (of due process clause), 1–6, 9
Otis, James, 3
parens patriae, 188–90
parental interests and rights: adequacy of notice, 84–85, 121–22 n.20; children, 59 n.73; deprivations, 72; Eldridge balancing test, 105–6; opportunity to submit evidence, 86–87; paternity cases, 115–16; right to counsel, 102; standard of proof, 105–6; termination of, 84–85, 102, 105–6, 115–16
Parliament, 2–3
parole revocation: decisionmakers, 81, 83; liberty interests, 49–50, 61 n.84; opportunity to be heard, 61 n.84, 69; right to appear in person, 88; right to call witnesses, 92; right to confront and cross-examine witnesses, 93; right to counsel, 101, 124–25 n.41; statement of reasons, 97–98
parties bound by judgments, 171–96, 305
parties not bound by judgment, 164–65
partnerships, 24, 141
party expectations. See foreseeability
patent infringement, 170, 232, 240
paternity cases, 106–7, 115–16
Patriot Act, 291–92
Patterson test, 119 n.5
pecuniary interests, 81–82, 189
pending action, 178, 199 n.27
Pennock, J. Roland, 11
Perdue, Wendy Collins, 211
person, definition of, 21–27, 198 n.18
personal appearance, right to, 87–90
personal jurisdiction, 167–68. See also general jurisdiction; in rem jurisdiction; quasi-in-rem jurisdiction; transient jurisdiction; specific jurisdiction; advertising, 233; aggregated contacts rule, 249; but for test, 232; consent, 215–17; corporations, 244; cyberspace, 239–41, 314–15; domicile, 217–18; due process, 207–10; effects test, 238–39; fairness or reasonableness, 219–24, 237; fair warning, 234; federal courts, 247–50, 317–18; Fifth Amendment, 247–50; foreseeability, 234–36; Fourteenth Amendment, 209; interstate federalism, 224–25, 311; judgment without, 13, 167–68, 209, 218; jurisdiction by necessity, 244; liberty interests, 225; limits on, 210–11; minimum contacts test, 219–24, 237–38, 241–46, 249, 310–11, 315–16; nonresident motorists, 216; opportunity to defend, 209–11; patent infringement, 232; products liability, 234–38; proximate cause standard, 232; purchases and sales, 232; purposeful availment, 233–35, 240; quasi-in-rem.Seequasi-in-rem jurisdiction; real property. Seein rem jurisdiction; reasonableness factors, 219–24, 237, 310–11, 312; securities, 233; sliding scale analysis, 240; of state courts, 12–14, 19 n.82, 209, 309; stream-of-commerce actions, 235–38
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 39
personal service of process. See service of process
Pierce, Richard, 39
pleading, amended, 171
police officers, 73
political organizations, 177
political subdivisions, 25–27, 264, 293
postconviction proceedings, 113
postdeprivation hearings: adequacy of, 79; delay of, 75–76; due process, 64; effectiveness of, 74–75; timeliness of, 69, 75–77
posting, notice by, 134–36
postjudgment joinder, 170–71
preclusion principles, 164–66, 176–79, 190–96. See also claim preclusion; issue preclusion; nonparty preclusion
predeprivation hearings, 65, 69, 74, 78
preponderance of evidence, 103–7
presence test, 220–21
presumptions, irrebuttable, 86
prior involvement, 80
prisoners: access to legal materials, 110, 112–13; access to the courts, 110–11, 127 nn. 57–58; adequacy of notice, 84; adequacy of remedy, 77–78; administrative segregation, 46–47, 60 n.81, 73, 84, 86, 89; amount of notice required, 154; compensatory damages, 118; decision based on evidence, 96; form of notice, 142–54; interpreters, 90; involuntary psychiatric or medical treatment, 80, 107, 123 n.38; liberty interests, 45–49, 58 n.67, 59 nn.74–75, 71, 107; limits on official discretion, 46; public interests, 102–3; right to appeal, 112–13; right to appear in person, 89; right to call witnesses, 91, 122–23 n.28; right to confront and cross-examine witnesses, 93; right to counsel, 100–103, 112–13, 125 n.43; section 1983 (of 42 U.S.C.), 118; solitary confinement, 46–47; standard of proof, 107; statement of reasons, 98, 123 n.33; transfers to mental hospitals, 45–47, 80, 90, 93, 97, 101, 123. n.38; visitation, 46
Prison Litigation Reform Act of 1995, 128 n.61
private citizens, interests of, 189–90
private conduct, 27
private corporations, 24
private parties as state actors, 28–30, 54 n.20
private property, 7, 17–18 n.59. See also property interests
Privileges and Immunities Clause, 110, 215–17, 284 n.3
privity, 193, 204 n.63
probable cause, 74, 77
probate, 138–39, 193–94, 301–2
probation revocation: liberty interests, 50; opportunity to be heard, 69; right to appear in person, 88; right to call witnesses, 90; right to confront and cross-examine witnesses, 93; right to counsel, 101, 124–25 n.41; statement of reasons, 97–98
procedural safeguards, 65, 67–68
products liability, 151, 234–38, 271. See also stream-of-commerce actions
professional licenses, 37
prompt action, pressing need for, 71
proof. See evidence
proof, standard of. See standard of proof
property, intangible, 214, 222
property, real. See real property
property, seizure of, 69–71, 76–77, 143
property interests, 33–41. See also private property; adequacy of remedy, 75; contracts, 267–69; deprivations, 72, 76, 78; entitlements, 36–37, 294–95; form of notice, 130–36; government benefits, 37–39, 65–66, 297; identification of affected parties, 140; intangible property, 214, 222; Medicaid, 57 n.53; notice by mail or publication, 134; professional licenses, 37; public employees, 33–41, 305; right/privilege distinction, 33–37; right to call witnesses, 90; right to confront and cross-examine witnesses, 95; standard of proof, 104; timeliness of hearings, 77–78; welfare benefits, 34–35, 38–39; workers' compensation benefits, 35
property owners, concurrent, 179
prospective economic advantage, interference with, 239
protected interests. See liberty interests; life interests; property interests
proximate cause standard, 232
proxy, representation by, 190–93
psychiatric or medical treatment, involuntary, 80, 107, 123 n.38
publication, notice by. See notice by publication
public employees: notice, 154; property interests, 33–41, 305; right to confront and cross-examine witnesses, 93; termination or suspension of, 33–34, 56 n.46, 69, 72–74, 86, 154
public health and safety, 70, 73, 216
public interests. See also state interests: delay of hearings, 76; Eldridge balancing test, 68; parties bound by judgments, 188–90; prisoners, 102–3; public health and safety, 70, 73, 216; right to appear in person, 89; right to confront and cross-examine witnesses, 93–94; right to counsel, 102–3; seizure of property, 70–71
public roads and highways, 73
public universities, 39–41, 86
public utilities, 72, 75, 86, 147
punitive damages, 117
purposeful availment requirement, 233–38, 240, 310–11, 314
quasi-in-rem jurisdiction. See also personal jurisdiction: corporations, 244; foreign (out-of-state) corporations, 267–68; jurisdiction by necessity, 244; minimum contacts test, 241–44, 315–16; nonresident property owners, 213–14, 222; state courts, 243
random and unauthorized conduct, 77–79
real property: adequacy of notice, 146; demolitions of, 140; foreclosure actions, 145; judgments, 177; notice by mail or publication, 134, 136–37; personal jurisdiction. Seein rem jurisdiction
reasonable doubt, 103–7
reasonable grounds, 74
reasonableness factors, 219–28, 231, 237, 310–12, 318
reasonably identifiable parties, 134–42
reasons, statement of, 97–99, 123 n.33
receipt of notice. See actual notice
Redish, Martin H., 79
Rehnquist, William H., 35–36
Reich, Charles, 33–35
relatedness, 228–29, 231–32, 313
remedial schemes, 193–96
remedy, adequacy of, 72, 75, 77–78, 305
remedy, damages, 75, 116–18
representation, adequacy of: absent class members, 180–96, 304–5; adequacy of notice, 204 n.64, 304–5; class actions, 173–74, 180–99, 308; government representation, 203–4 n.58; issue preclusion, 186–88; joinder, 173–74; nonparties, 193; parties bound by judgment, 173–74, 179–96