1. United States Circuit Court, District of New Jersey. In Re The Schooner Eliza B. Emory and Weeks, Master
2. is common law action sufficient to render applicable national minimum contacts? Before proceeding, it is well to take note of two distinct types of federal common law. The first-so-called "interstitial federal common law"-arises when a federal court announces law to fill in gaps in existing federal statutes or rules. The second-to which we might refer as "pure federal common law"-arises when a federal court, much as would a state court, simply announces law, with no particular basis in existing federal statutes or rules. The latter is seen potentially to run afoul of Erie's directive that;But must Congress take any step at all, or can the federal courts themselves authorize national personal jurisdiction? In other words
3. nondelegation doctrine's requirement of an "intelligible principle" does not apply where Congress delegates in an area that lies within (or is "interlinked" with) powers that the delegate already has. Id. at 1405-06. To the extent that developing limits on personal jurisdiction seems properly to lie within the judicial role, such a delegation would seem beyond reproach;Volokh;MEETING OF THE ADVISORY COMMITTEE ON CIVIL RULES,1987