Study Questions on AsahiStudy Questions on Asahi

1. Look at each Justice's response to each part of the opinions. Can any useful law be drawn from Asahi?

2. How does O'Connor decide each of the "power" and the "fairness" tests with respect to Asahi? How does Brennan decide each of these tests? How does Stevens?

3. What if Asahi increased production in order to fill Cheng Shin's orders? Would that be indicating an "intent or purpose to serve the market in the forum state"? (Section II.A)

4. Imagine that the D Co. designs a drug for Tropical Fever that it markets in tropical countries. The X Distributing Co. discovers that the drug is useful for Arctic Fever. It repeatedly buys large amounts and markets the drug to areas above the Arctic Circle. The D Co. knows this. Eventually 70% of the drug is sold in Arctic areas. Is there PJ over the D Co. in Alaska concerning P's purchase of the drug there?

5. Is there an irony to the way that McGee's "fairness" considerations are made use of in Asahi? How can a principle that was introduced to expand PJ from the standards in Int'l Shoe suddenly be used to narrow it?

6. How can White and Blackmun sign on to both Stevens's and Brennan's opinions?