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To: Lurking Libertarian

‘In the European Union, for example, a corporation may generally be sued in the nation in which it is “domiciled,” a term defined to refer only to the location of the corporation’s “statutory seat,” “central administration,” or “principal place of business.”’

LOL!
That’s our Ginsburg... always looking to anything but the Constitution of The United States of America.
Oh well, worked out this time.


25 posted on 01/14/2014 9:42:39 PM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: mrsmith
LOL! That’s our Ginsburg... always looking to anything but the Constitution of The United States of America. Oh well, worked out this time.

The reliance on foreign law actually makes sense here, which is why Scalia, who has condemned reliance on foreign law, joined the opinion (as did all of the court's conservatives).

The actual text of the Constitution doesn't help much here-- it says that a defendant in a lawsuit is entitled to "due process," i.e. to fairness, but doesn't get more specific than that. It is logical to say that it is not "fair" for a foreign corporation to get dragged into U.S. courts on a theory that foreign courts would never apply to U.S. corporations.

26 posted on 01/15/2014 10:39:00 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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