Maggie Gardner
Cornell Law School
Maggie Gardner (@maggiekgardner) is a Professor of Law at Cornell Law School. She has served as an Associate Managing Editor for AJIL Unbound, as a co-chair for the Junior International Law Scholars Association, and as a fellow in the Appeals Chamber of the Special Tribunal for Lebanon. Before entering academia, she worked as a litigation associate at WilmerHale LLP and clerked for federal appellate and district court judges. Her articles on international litigation in U.S. courts have been published in such journals as the University of Pennsylvania Law Review, Virginia Law Review, NYU Law Review, and Stanford Law Review.
Unpacking the Originalist Argument for Maximalist Personal Jurisdiction, Part III: Admiralty Jurisdiction
This is the third in a series of posts questioning the originalist argument for maximalist personal jurisdiction. The crux of the originalist argument is that early federal decisions discussed limits on personal jurisdiction in terms of international law (not constitutional constraints) and that Congress could override international law. Thus, the theory goes, Congress as an…
Continue ReadingUnpacking the Originalist Argument for Maximalist Personal Jurisdiction, Part II: The Logic of Syllogisms
This is the second post in a series questioning the originalist argument for maximalist personal jurisdiction, as embraced by Justices Thomas and Gorsuch in their Fuld v. PLO concurrence. Pivotal to the originalist theory of maximalist personal jurisdiction is the argument that limits on adjudicative power were initially understood not as due process limits (or…
Continue ReadingUnpacking the Originalist Argument for Maximalist Personal Jurisdiction
The Supreme Court’s recent decision in Fuld v. PLO declined to address what it called the “maximalist” theory of personal jurisdiction put forward by the petitioners, several amici (including the House of Representatives), and some vocal lower court judges: That as a matter of original understanding, the Due Process Clause of the Fifth Amendment places…
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