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San Diego Law Review

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http://id.loc.gov/authorities/names/n79122466

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Abstract

In response to the ever increasing demands put on the state court system by the spiraling incidence of interstate commerce and transportation, and recognizing the need for the judicial system to be able to adapt to the chameleonic circumstances of the times, the United States Supreme Court in International Shoe handed down a view of due process which would give the states the flexibility and discretion they so badly needed. In the years since International Shoe, the California courts have interpreted, converted, and perverted the simple test of fairness to the point that it is no longer responsive to the times. The time has come to reform our state court application of personal jurisdiction, to conform with the "minimum contacts" and "fair play" standards which the courts claim, but refuse to follow. The California Supreme Court had the opportunity, in Buckeye Boiler v. Superior Court to take that step. The opportunity should have been seized, but it was not. After the slow start 2-302 is emerging as an important aspect of commercial law. The increase in case activity as well as the diversity of potential uses arguably compels a reevaluation of California’s position of 2-302. Thus, the purpose of this note is to reexamine the efficacy of the arguments against the adoption of 2-302 in light of recent judicial interpretations in other jurisdictions and the growing importance of 2-302 in the contemporary commercial setting…Such unrest has also become a major legal problem. In the light of these changes, it is evident that a rational theory of the legal relationship between the student and the university can develop within the context of the university as an instrument of society. In this concept, student-university relationships cease to be the private affairs the university has ling considered them. The university’s responsibility to its students is a responsibility to society…

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