Jackie Gardina
Professor Jackie Gardina provides the issue's second article,
The Bankruptcy of Due Process: Nationwide Service Process,
Personal Jurisdiction and the Bankruptcy Code. The
author asserts that federal courts should alter the existing Fifth
Amendment analysis in bankruptcy matters because the nature of
bankruptcy claims change the balance under the Fifth Amendment due
process analysis and limit Congress' typically broad power to
permit bankruptcy courts to exert personal jurisdiction based on
nationwide service of process. The article discusses due
process concerns in bankruptcy and reveals the relationship between
personal jurisdiction and choice of law. The article
concludes by recognizing the federal interests in bankruptcy and
proposing a solution for balancing those interests with the
individual interests that drive the due process clause.