Hannah L. Buxbaum
UC Davis School of Law
Hannah Buxbaum is the Martin Luther King Jr. Professor of Law at the UC Davis School of Law. Her research on private international law and jurisdiction focuses on transnational economic regulation. She is a member of the American Law Institute, the International Academy of Comparative Law, and the Advisory Committee on Private International Law for the U.S. Department of State. She currently serves as the U.S. member on the Curatorium of the Hague Academy of International Law.
Personal Jurisdiction in Federal Antitrust Litigation Post-Fuld: In re Diisocyanates Litigation
Last year, in Fuld v. Palestine Liberation Organization, the Supreme Court held that the due process limits of personal jurisdiction under the Fifth Amendment differ from those under the Fourteenth. As Maggie Gardner has noted, the Court didn’t say much about what those limits might be—meaning that the lower federal courts will now take on…
Continue ReadingEnterprise-Wide Contracts as a Basis for Personal Jurisdiction Over Foreign Parent Companies
A couple of weeks ago, I wrote about a case in which certain enterprise-wide contracts executed by a (U.S.) corporate plaintiff figured in the analysis of legislative jurisdiction. Today, I want to focus on VMware LLC v. Siemens AG, a case in which certain enterprise-wide contracts executed by a (foreign) corporate defendant figure in the…
Continue ReadingNew Article on the Determination and Treatment of Foreign Law in U.S. Courts
Professor Chris Whytock, who is an Associate Reporter for the ALI’s Restatement (Third) of Conflict of Laws, has just posted an article on SSRN outlining the Restatement’s approach to determining the content and meaning of foreign law. As he notes, this is a perennial challenge in transnational as well as multistate litigation. Like choice-of-law rules,…
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