Abstract
Exploration of the methods for acquiring personal jurisdiction under Rule 4 demonstrates a lack of uniformity in the federal courts. Those diverse methods ignore the policies inherent in acquiring personal jurisdiction in federal question cases and have resulted in confusion, unreliability and nonuniformity. The present personal jurisdiction framework is contrary to the intent of providing uniform federal procedures and often forecloses a federal forum from hearing federal question cases. Neither Congress nor the federal courts have solved .the problems arising under Rule 4. By failing to enact legislation that encompasses all federal questions, Congress has left the field open to state statutory schemes. Federal courts also have added to the uncertainty about personal jurisdiction in federal question cases because of their disagreement on whether and how state due process limits should be imposed.
Recommended Citation
Berger, Marilyn J.
(1982)
"Acquiring in Personam Jurisdiction in Federal
Question Cases: Procedural Frustration Under
Federal Rule of Civil Procedure 4,"
Utah Law Review: Vol. 1982:
No.
2, Article 3.
Available at:
https://dc.law.utah.edu/ulr/vol1982/iss2/3