Goodyear and Nicastro: Observations from a Transnational and Comparative Perspective
Bibliographic record
Abstract
This article views the recent U.S. Supreme Court jurisdictional cases, Goodyear Dunlop Tires Operations, S.A. v. Brown and J. McIntyre Machinery, Ltd v. Nicastro, from both a transnational and comparative perspective. As transnational cases, Goodyear and Nicastro raise the question whether the Due Process Clause of the Constitution should be interpreted to impose different standards for domestic and foreign defendants. Professor Silberman argues that a national contacts approach is appropriate for specific jurisdiction but not general jurisdiction. She also examines various proposals for reaching foreign defendants who market in the United States but do not have sufficient connections with a single state. Professor Silberman examines how courts in Canada have dealt with transnational cases, noting a very recent decision of the Canadian Supreme Court, Club Resorts v. Charron, released just as the article was going to print and may have changed the Canadian approach to jurisdiction. Professor Silberman also offers a comparative look at the jurisdictional regime in the European Union, along with the recent European Recast proposal, as a means to evaluate the U.S. approach to both general and specific jurisdiction in transnational cases.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.000 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".