Jurisdiction to Adjudicate: A Suggested Analysis

Professors von Mehren and Trautman believe that the traditional analysis of the problem of adjudicatory jurisdiction in terms of jurisdiction "in personam," "in rem," and "quasi in rem" makes it difficult to focus on the policy considerations that should underlie assertions of jurisdiction. Since current terminology is overly conceptual and encourages confusion of the jurisdictional issue with other, separable problems, the authors propose a new system of terminology that they feel will encourage clearer thinking about the functional problems in this area of the law. Current decisional trends are analyzed in these terms, and the authors conclude by suggesting desirable lines for future development in both case and statutory law.