Private Law Theory

ABSTRACT
This paper argues that the so-called ‘transitory-tort doctrine’ is a background principle underlying much of American state tort law. I contend that calling the transitory-tort doctrine a ‘doctrine’ is a misnomer. The principle that state courts can exercise jurisdiction over tortious conduct that transpired outside their borders is an organic, bedrock feature of American tort law. This principle has not only existed since the Founding, but also served as a crucial doctrinal device in the evolution of American federalism. Today, the doctrine is such a key part of state law that state judges barely blink when they apply it.

Klapholz, Gabriel, Transitory Torts: The International Roots of American Interstate Liability (July 11, 2025).