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Monday, November 25, 2002

Still Reading...

Consistent with Halley's observation that weblogs, among other things, let you watch brains at work, I'm still reading the Pavlovich decision, but wanted to point out this was a 4-3 squeaker, with the majority authored by Justice Brown and concurred in by Justices Kennard, Werdegar and Moreno, and the dissent authored by Justice Baxter (remember the "rocket" question at oral argument?) and concurred in by Justices George and Chin. Here's a taste from the introduction of the majority opinion:
Not surprisingly, the so-called Internet revolution has spawned a host of new legal issues as courts have struggled to apply traditional legal frameworks to this new communication medium. Today, we join this struggle and consider the impact of the Internet on the determination of personal jurisdiction. In this case, a California court exercised personal jurisdiction over a defendant based on a posting on an Internet Web site. Under the particular facts of this case, we conclude the court's exercise of jurisdiction was improper.

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