Linda J. Silberman

The End of Yet Another Era? Some Reflections on Mallory

I was a young professor of civil procedure in 1977 when the Supreme Court decided Shaffer v. Heitner. The year after that decision came down, I wrote an article titled “The End of an Era” where I predicted the eventual demise of “tag” jurisdiction. I was proven completely wrong when the Court in 1990 decided…

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What is a “Domestic Application” of the Lanham Act? The Supreme Court Creates More Questions than It Answers

In Abitron Austria Gmbh v. Hetronic International, Inc., the Supreme Court appears to have returned to its recent preference for bright-line rules in cases assessing the extraterritoriality of federal statutes, but the brightness of this rule will dim as other fact patterns are considered.

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Perspectives on the 2019 Hague Judgments Convention from the United States and Canada

On August 29, 2022, the European Union and Ukraine became Contracting Parties to the 2019 HCCH Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, commonly known as the Hague Judgments Convention, thus triggering its entry into force on September 1, 2023. Our article recently posted to SSRN, The 2019…

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