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Towards understanding personal jurisdiction in cyberspace An overview of American try‐out for internet cases

Towards understanding personal jurisdiction in cyberspace An overview of American try‐out for... Purpose – The purpose of this paper is to show that the internet together with cyberspace form an “everywhere and nowhere proposition” and to discuss numerous problems concerning legal issues, the most vital being confusion as to jurisdiction. Design/methodology/approach – The research was based upon theoretical sources and empirical data. Findings – It was found that a probable solution could be extracted from the US experience for all the nations coming under the virtual framework of cyberspace. Some hi‐tech nations are facing this problem; and the USA is one of them. Even the USA – a large federal state – faces the jurisdictional problem and conflict as regards its own provinces; and the US courts, legal institutions and intellectuals are resorting to established principles of law – domestic or international. Decisions of US cases have been keenly observed to find out how the US courts and legal scholars have taken the help of traditional territorial tenets and precepts to resolve jurisdictional conflict. In many cases, US courts and legal scholars have shown their interest to adopt personal jurisdiction. Originality/value – With the USA being a representative type of hi‐tech nation, US attitude and practice could usher the way for all other upcoming hi‐tech nations. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal of Law and Management Emerald Publishing

Towards understanding personal jurisdiction in cyberspace An overview of American try‐out for internet cases

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Publisher
Emerald Publishing
Copyright
Copyright © 2008 Emerald Group Publishing Limited. All rights reserved.
ISSN
1754-243X
DOI
10.1108/17542430810877445
Publisher site
See Article on Publisher Site

Abstract

Purpose – The purpose of this paper is to show that the internet together with cyberspace form an “everywhere and nowhere proposition” and to discuss numerous problems concerning legal issues, the most vital being confusion as to jurisdiction. Design/methodology/approach – The research was based upon theoretical sources and empirical data. Findings – It was found that a probable solution could be extracted from the US experience for all the nations coming under the virtual framework of cyberspace. Some hi‐tech nations are facing this problem; and the USA is one of them. Even the USA – a large federal state – faces the jurisdictional problem and conflict as regards its own provinces; and the US courts, legal institutions and intellectuals are resorting to established principles of law – domestic or international. Decisions of US cases have been keenly observed to find out how the US courts and legal scholars have taken the help of traditional territorial tenets and precepts to resolve jurisdictional conflict. In many cases, US courts and legal scholars have shown their interest to adopt personal jurisdiction. Originality/value – With the USA being a representative type of hi‐tech nation, US attitude and practice could usher the way for all other upcoming hi‐tech nations.

Journal

International Journal of Law and ManagementEmerald Publishing

Published: May 16, 2008

Keywords: Internet; Legal theory; Laws and legislation; United States of America

References