Common law constitutional interpretation

Article Abstract:

Describing current constitutional interpretation as common law interpretation acknowledges that constitutional interpretation is not the equivalent of statutory interpretation. Statutory interpretation occurs within a command model that assumes the drafter dictates specific conduct. Current constitutional doctrine does not obey all the dictates of the Framers of the Constitution, in part, because modern society shares little in common with 18th century US society. The common law approach is also more intellectually honest than originalist or textualist approaches.

Constitutional law, Constitutional interpretation

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Conditioning forum non conveniens

Article Abstract:

The author proposes a model for the application of the forum non conveniens doctrine which would have as a guiding principle the protection of the plaintiff's position in relation to the reasonableness of forum choice. A history of relevant U.S. and English law precedes the model proposal.

United Kingdom, Models, Forum non conveniens, Civil procedure

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Internet service of process: a constitutionally adequate alternative?

Article Abstract:

Substantive and procedural constitutional issues concerning use of the Internet for service of process are discussed. The author concludes that in most cases, standards embodied within the Federal Rules of Civil Procedure would not be met with Internet service.

States, Analysis, Usage, Innovations, Internet, Due process of law, Process, Process (Law)

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