Cassirer Plaintiffs Ask Supreme Court to GVR
On Friday, the plaintiffs in Cassirer v. Thyssen-Bornemisza Collection Foundation filed a cert petition asking the Supreme Court to grant, vacate, and remand (GVR) the Ninth Circuit’s decision in light of new California legislation mandating the application of California law to the merits of the case. It would be standard practice for the Court to…
Continue ReadingSupreme Court Grants Cert in Fuld v. PLO
Today, the U.S. Supreme Court granted certiorari in Fuld v. Palestinian Liberation Organization to decide whether the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA) violates the due process clause of the Fifth Amendment. For prior TLB coverage of Fuld, see here, here, here, here, and here. The PSJVTA purports to establish personal…
Continue ReadingHungary v. Simon Offers Supreme Court Stark Choice
(Editor’s Note: This article also appears in Just Security.) On Tuesday, the U.S. Supreme Court heard oral argument in Hungary v. Simon, a case brought by Holocaust survivors under the expropriation exception of the Foreign Sovereign Immunities Act (FSIA). In 1944, Hungary rounded up Jews and transported them by train to death camps, expropriating their property…
Continue ReadingBrazil’s New Law on Forum Selection Clauses: Throwing the Baby out with the Bathwater?
Brazil has changed its law on international forum selection clauses. In June this year, a new statutory provision came into force, adding, unexpectedly, new requirements for their enforceability. In this attempt to redistribute domestic litigation, the Brazilian legislator may well have thrown out the baby, international forum selection clauses, with the bathwater. The Recognition of…
Continue ReadingHistorical Gloss and the Extradition Power
In a recently-published book, “Historical Gloss and Foreign Affairs: Constitutional Authority in Practice,” I document how the foreign affairs powers of Congress and the executive branch have been heavily shaped by historic governmental practices, on issues ranging from the recognition of foreign governments to the use of military force. In this post, I discuss one…
Continue ReadingSisyphus and Forum Selection Clauses
In Greek mythology, Sisyphus was fated to push a boulder up an endless hill for all eternity. No matter how long he pushed, he and the boulder would never reach the top. I sometimes feel this way when I write about forum selection clauses. I research and blog about these provisions (a lot). I make…
Continue ReadingExtraterritoriality and Self-Determination
Professor Evan Criddle has written a fascinating article on extraterritoriality, forthcoming in the American Journal of International Law, but available now on SSRN. Evan argues that much extraterritorial application of domestic law violates the right to self-determination under international law by subjecting non-nationals outside the territory of the regulating state to laws that are not…
Continue ReadingDubai Court Weighs in on U.S.-Iran Sanctions
Subject to certain exceptions, current U.S. sanctions law prohibits U.S. persons from supplying goods, technology, or services to Iran or its government. Consistent with these laws, U.S. insurers and reinsurers often include in their policies a Sanctions Clause, specifying they will not pay out on policies if doing so would violate U.S. sanctions laws. Such…
Continue ReadingNew Essay on Anti-Enforcement Injunctions
In a symposium issue honoring Linda Silberman, the NYU Journal of International Law and Politics has just published an essay that Ralf Michaels and I wrote on anti-enforcement injunctions. In the United States, the best-known example of this type of order is the one entered by the Southern District of New York in the infamous…
Continue ReadingDOJ Argues Against Turnover of Argentina’s Assets
On November 6, 2024, the U.S. Attorney for the Southern District of New York sent a letter to Judge Loretta A. Preska arguing against turnover of Argentina’s interests in YPF S.A., a state-owned energy company, to satisfy a breach of contract judgment. The $16.1 billion judgment in Petersen Energia Inversora, S.A.U. v. Argentine Republic arose…
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