This article has been indexed from Lawfare
The Fifth Amendment of the U.S. Constitution requires “due process” for “persons” deprived of their property. But who counts as a “person”—and to what “process” they are “due”—remains unresolved, especially in cases involving foreign defendants. The U.S. Court of Appeals for the Fifth Circuit, for example, recently held in Douglass v. Nippon Yusen Kabushiki Kaisha that the exercise of personal jurisdiction over a Japanese corporation for conduct that happened in Japanese territorial waters would violate the Fifth Amendment Due Process Clause. The Fifth Circuit has vacated the opinion and granted rehearing en banc to decide whether the Constitution really compels that result. Also unresolved is whether foreign nations and their state-owned enterprises are “persons” entitled to due process at all
[…]
Content was cut in order to protect the source.Please visit the source for the rest of the article.
Read the original article: Personal Jurisdiction, Due Process and Transnational Litigation