Overlooking the CISG

The United Nations Convention on Contracts for the International Sale of Goods (CISG) entered into force in 1988. Its stated goal is to harmonize the law of sales across many different countries, thereby making it unnecessary for courts in these countries to perform a choice-of-law analysis when the dispute involves an international sales contract. The…

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Chiquita Liable for Financing Colombian Paramilitary Death Squads

In a win for international human rights advocacy, a Florida jury has found a U.S. corporation liable for human rights violations committed in a foreign country. This first of three “bellwether” trials involved nine cases. Hundreds remain to be tried in this multidistrict litigation. The jury’s verdict is the latest development in a civil case…

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Fifth Circuit Applies Act of State Doctrine in Holocaust Art Case

Does the act of state doctrine apply to mistakes? On May 29, 2024, the Fifth Circuit held in Emden v. Museum of Fine Arts, Houston that the doctrine bars a claim for return of a painting that the Dutch government gave to the wrong person after World War II. There were several copies of this…

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Supreme Court Denies Cert in Fighter Jets Case

This morning, the U.S. Supreme Court denied review in Blenheim Capital Holdings Ltd. v. Lockheed Martin Corp., a case asking whether the purchase of fighter jets and other military equipment is a commercial activity under the Foreign Sovereign Immunities Act. Despite a circuit split on the question, the Solicitor General recommended that the Supreme Court…

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Roundtable in International Business Law

The Dennis J. Block Center for the Study of International Business Law at Brooklyn Law School is organizing a Roundtable in International Business Law. The Roundtable will take place on September 27, and proposals are due by June 28. The call is here.

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Throwback Thursday: Empagran’s Complicated Legacy

Twenty years ago tomorrow, on June 14, 2004, the Supreme Court handed down its decision in F. Hoffman-La Roche Ltd. v. Empagran S.A. The majority opinion, authored by Justice Stephen Breyer, interpreted the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA) to preclude the application of U.S. antitrust law to injuries in other countries. Empagran…

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Microsoft’s Dispute Resolution Provisions Are (Still) a Mess

Exactly one year ago today, I authored a post titled “Microsoft’s Dispute Resolution Provisions Are a Mess.” In it, I argued that the “Jurisdiction and Governing Law” clause in the form purchase order used by Microsoft and its subsidiaries in 109 countries around the world was “incoherent.”  My goal is writing the post was to…

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A Primer on Personal Jurisdiction

Personal jurisdiction (or “authority to adjudicate”) refers to the authority of a court to make a binding determination with respect to a person or a thing. In personam jurisdiction refers to the authority to determine the rights or obligations of a person (including a business). In rem jurisdiction refers to the authority to determine ownership…

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Historic Climate Opinion and Its Potential Impact on U.S. Litigation

On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) issued a historic advisory opinion which held that State parties to the United Nations Convention on the Law of the Sea (UNCLOS) have concrete legal obligations to undertake efforts to mitigate climate change in order to prevent, reduce, and control pollution…

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New Article on Old Admiralty Discretion

The Notre Dame Law Review has just published my new article, “Admiralty, Abstention and the Allure of Old Cases.” The heart of the article is a description of the federal courts’ long-standing discretion to decline jurisdiction over admiralty disputes between foreign parties. Defendants in transnational cases have recently tried to invoke this old admiralty practice…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Melissa Stewart

Georgetown University Law Center
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Matt Slovin

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Noah Buyon

Duke University School of Law
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Will Moon

University of Maryland
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William K. McGoughran

Vanderbilt Law School
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Chimène Keitner

UC Davis School of Law
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Catherine Amirfar

Debevoise & Plimpton LLP
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Justin R. Rassi

Debevoise & Plimpton LLP
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Isabelle Glimcher

Debevoise & Plimpton LLP
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