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Suing Atlantis

The Atlantis Resort in the Bahamas (“Atlantis”) is, by most accounts, a nice place to visit. There are water slides and pools, beaches and private cabanas. There is a casino and a spa and a nightclub and a comedy club. Over the past two decades, tens of thousands of American tourists have traveled to Atlantis….

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Why Terrorism Exceptions to State Immunity Do Not Violate International Law

[Editor’s Note: This post also appears at Just Security.] On June 27, 2023, Iran sued Canada at the International Court of Justice (ICJ), arguing that the terrorism exceptions in Canada’s State Immunities Act (SIA) violate customary international law. As Professor Maryam Jamshidi noted at Just Security, it seems that the main target of Iran’s action…

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Inconvenience, Forum Selection Clauses, and Afghanistan

The U.S. Supreme Court has long held that a forum selection clause should not be enforced when “trial in the contractual forum will be so gravely difficult and inconvenient” that the plaintiff “will for all practical purposes be deprived of his day in court.” In announcing this rule, the Court recognized that a legal right…

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Using TLB to Teach Civil Procedure (2023 Update)

With the new school year come new decisions about how to incorporate yet another Supreme Court personal jurisdiction decision into the civil procedure curriculum. TLB can help! This post highlights materials on TLB that can provide updates on recent cases, concise overviews of doctrines, and conversation starters about procedural questions. Personal Jurisdiction The big news…

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Using TLB to Teach Conflict of Laws

This post continues and updates our series explaining how professors can use resources on TLB to teach various classes. Previous posts have discussed Transnational Litigation, Civil Procedure, Foreign Relations Law, and International Business Transactions. This post discusses Conflict of Laws. All of these posts are accessible at our Teaching Resources page. Primers and Topic Pages…

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Enforcing U.S. Securities Judgments Against Chinese Companies

Robin Hui Huang and Weixia Gu have an interesting paper up on SSRN about enforcing foreign securities judgments in China. In China’s Recognition and Enforcement of Foreign Securities Judgments Against Overseas-Listed Chinese Companies, they note that private securities litigation against Chinese companies in U.S. courts is increasing. But most Chinese companies listed in the United…

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Congress Amends the TVPRA to Correct Ninth Circuit’s Erroneous Ruling in Ratha

Last year, in Ratha v. Phatthana Seafood, the Ninth Circuit held that civil liability under the Trafficking Victims Protection Reauthorization Act (TVPRA) does not extend to those who attempt to benefit from forced labor. After the court denied en banc review, the Human Trafficking Legal Center and other human and workers’ rights organizations asked Congress…

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Drawing Inferences from CISG Opt-Outs

The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Commercial Code (UCC) both supply rules to govern contracts for the sale of goods. The UCC applies to purely domestic transactions. The CISG applies to many international transactions. When a contract involves the mixed sale of goods and services,…

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Supreme Court Roundup (October Term 2022)

During its 2022 Term, which ended four weeks ago, the Supreme Court decided five cases with important implications for transnational litigation. The questions included whether the Foreign Sovereign Immunities Act (FSIA) applies to criminal proceedings; the standard for aiding and abetting under the Anti-Terrorism Act (ATA); whether states may exercise general personal jurisdiction over foreign…

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Abitron Eliminates Circuit Tests but Causes More Confusion

During the oral argument in Abitron Austria GMBH v. Hetronic International, Inc., Justices Alito, Sotomayor, Gorsuch, and Barrett all expressed concern over whether the Court should overrule its 1952 decision in Steele v. Bulova Watch Co (1952). A reader of the Court’s majority decision by Justice Alito might be surprised to see that the majority…

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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

Cara Maines

NYU School of Law
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Zachary Orr

Vanderbilt Law School
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Carlos M. Vázquez

Georgetown University Law Center
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Maggie Lee

The Human Trafficking Legal Center
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Martina E. Vandenberg

The Human Trafficking Legal Center
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Timothy R. Holbrook

Emory University School of Law
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Anshu Garg

Emory University School of Law
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Linda J. Silberman

New York University School of Law
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Paul B. Stephan

University of Virginia School of Law
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Rochelle C. Dreyfuss

NYU School of Law
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