GPO-CONAN-2017-10-15.pdf

1011 whether legislative action in such matters is

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1011 Whether legislative action in such matters is deemed to be wise or proves efficient, whether it works a particular hardship on a particular litigant, or perpetuates or supplants ancient forms of procedure, are issues that ordinarily do not implicate the Four- teenth Amendment. The function of the Fourteenth Amendment is 1006 See , e.g. , G.D. Searle & Co. v. Cohn, 455 U.S. 404, 409–12 (1982) (discuss- ing New Jersey’s “long-arm” rule, under which a plaintiff must make every effort to serve process upon someone within the state and then, only if “after diligent in- quiry and effort personal service cannot be made” within the state, “service may be made by mailing, by registered or certified mail, return receipt requested, a copy of the summons and complaint to a registered agent for service, or to its principal place of business, or to its registered office.”). Cf. Velmohos v. Maren Engineering Corp., 83 N.J. 282, 416 A.2d 372 (1980), vacated and remanded , 455 U.S. 985 (1982). 1007 Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985). 1008 E.g. , Watson v. Employers Liability Assurance Corp., 348 U.S. 66 (1954) (au- thorizing direct action against insurance carrier rather than against the insured). 1009 Holmes v. Conway, 241 U.S. 624, 631 (1916); Louisville & Nashville R.R. v. Schmidt, 177 U.S. 230, 236 (1900). A state “is free to regulate procedure of its courts in accordance with it own conception of policy and fairness unless in so doing it offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.” Snyder v. Massachusetts, 291 U.S. 97, 105 (1934); West v. Louisiana, 194 U.S. 258, 263 (1904); Chicago, B. & Q. R.R. v. City of Chicago, 166 U.S. 226 (1897); Jordan v. Massachusetts, 225 U.S. 167, 176, (1912). The power of a state to determine the limits of the jurisdiction of its courts and the character of the controversies which shall be heard in them and to deny access to its courts is also subject to restrictions imposed by the Contract, Full Faith and Credit, and Privileges and Immunities Clauses of the Constitution. Angel v. Bullington, 330 U.S. 183 (1947). 1010 Insurance Co. v. Glidden Co., 284 U.S. 151, 158 (1931); Iowa Central Ry. v. Iowa, 160 U.S. 389, 393 (1896); Honeyman v. Hanan, 302 U.S. 375 (1937). See also Lindsey v. Normet, 405 U.S. 56 (1972). 1011 Cincinnati Street Ry. v. Snell, 193 U.S. 30, 36 (1904). 2017 AMENDMENT 14—RIGHTS GUARANTEED
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negative rather than affirmative 1012 and in no way obligates the states to adopt specific measures of reform. 1013 Commencement of Actions. —A state may impose certain con- ditions on the right to institute litigation. Access to the courts has been denied to persons instituting stockholders’ derivative actions unless reasonable security for the costs and fees incurred by the corporation is first tendered. 1014 But, foreclosure of all access to the courts, through financial barriers and perhaps through other means as well, is subject to federal constitutional scrutiny and must be justified by reference to a state interest of suitable importance. Thus, where a state has monopolized the avenues of settlement of dis- putes between persons by prescribing judicial resolution, and where
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