4. Are special factors presented in a case brought against a foreign defendant that would argue in favor of adopting Justice Brennan’s, rather than Justice Scalia’s, approach?

See Hay, Transient Jurisdiction, Especially Over International Defendants: Critical Comments onBurnham v. Superior Court of California, 1990 U. Ill. L. Rev. 593. Would the result in Burnham be different had defendant been a foreigner living abroad served while visiting California for a vacation?