Constitutional Limitations on State-Court Jurisdiction: A Historical-Interpretative Reexamination of the Full Faith and Credit and Due Process Clauses (Part One), The
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Authors
Whitten, Ralph U.
Issue Date
1981
Type
Journal Article
Language
Keywords
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Abstract
INTRODUCTION|Students of contemporary American Civil Procedure are taught that the due process clause of the fourteenth amendment constitutes the principal limitation upon the authority of state courts to adjudicate disputes involving nonresident defendants. The full faith and credit clause, Article IV, section , of the Constitution, today plays a subordinate role in restricting state-court jurisdiction: a judgment rendered by a state-court without jurisdiction violates the due process clause and is, therefore, invalid in the state of rendition; such a judgment is also not entitled to full faith and credit in a sister state. However, a judgment by a state court with jurisdiction satisfies the requirements of due process and is valid in the state of rendition; such a judgment is generally also entitled to full faith and credit in a sister state. The Supreme Court's decision in Pennoyerv. Neff has played a central role in establishing this way of looking at the constitutional limits on state authority...
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Citation
14 Creighton L. Rev. 499 (1980-1981)
Publisher
Creighton University School of Law