Maggie Gardner

Using TLB to Teach Civil Procedure (2025 Update)

As the fall semester gets underway, we are updating our posts on using resources on TLB to teach various classes. This post gathers materials that can complement a standard civil procedure course, whether by providing concise overviews of doctrines, distilling Supreme Court developments, or suggesting recent cases that can spark discussions of perennial procedural issues….

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Unpacking the Originalist Argument for Maximalist Personal Jurisdiction, Part IV: Picquet v. Swan

This is the fourth in a series of posts questioning the originalist argument for unlimited personal jurisdiction in the federal courts. The prior posts have argued that many of the sources cited by proponents of the theory, including early admiralty cases and twentieth-century cases about the extraterritorial reach of Congress’s prescriptive jurisdiction, do not bear…

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Unpacking the Originalist Argument for Maximalist Personal Jurisdiction, Part III: Admiralty Jurisdiction

This is the third in a series of posts questioning the originalist argument for maximalist personal jurisdiction. The crux of the originalist argument is that early federal decisions discussed limits on personal jurisdiction in terms of international law (not constitutional constraints) and that Congress could override international law. Thus, the theory goes, Congress as an…

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Unpacking the Originalist Argument for Maximalist Personal Jurisdiction, Part II: The Logic of Syllogisms

This is the second post in a series questioning the originalist argument for maximalist personal jurisdiction, as embraced by Justices Thomas and Gorsuch in their Fuld v. PLO concurrence. Pivotal to the originalist theory of maximalist personal jurisdiction is the argument that limits on adjudicative power were initially understood not as due process limits (or…

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Unpacking the Originalist Argument for Maximalist Personal Jurisdiction

The Supreme Court’s recent decision in Fuld v. PLO declined to address what it called the “maximalist” theory of personal jurisdiction put forward by the petitioners, several amici (including the House of Representatives), and some vocal lower court judges: That as a matter of original understanding, the Due Process Clause of the Fifth Amendment places…

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Supreme Court Decides Fuld v. PLO

The Supreme Court today unanimously reversed the Second Circuit in Fuld v. Palestine Liberation Organization, holding that the personal jurisdiction provisions of the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA) do not violate the Fifth Amendment’s Due Process Clause. Chief Justice Roberts wrote the opinion, which was joined by Justices Alito, Sotomayor,…

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Zach Clopton Named Interim Dean of Northwestern

We are delighted to share that TLB Editor Zach Clopton has been named the interim dean of Northwestern University Pritzker School of Law. In light of his new responsibilities, Zach will be stepping away from his editorial duties at TLB. We have pasted below some of his “greatest hits” to highlight the breadth and depth…

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Oral Argument Recap: Fuld v. PLO

On Tuesday, the Supreme Court heard oral argument in Fuld v. Palestine Liberation Organization. The question presented is whether the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA) violates the Fifth Amendment’s Due Process Clause by declaring that the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) have consented to…

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International Law in Domestic Courts Workshop, May 23

As previously announced, the next International Law in Domestic Courts (ILDC) Workshop will be held at the George Washington University Law School on May 23. ILDC is an interest group of the American Society of International Law. Its purpose is to promote dialogue among scholars and lawyers who are interested in issues pertaining to the…

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Doe Run Defendants Seek Cert for Foreign Relations Abstention

A pending cert petition in Doe Run Resources v. Reid asks the Supreme Court to dismiss tort claims brought by foreign plaintiffs against a U.S. company, its subsidiaries, and various corporate officers based on foreign relations abstention. The Peruvian plaintiffs allege they were seriously harmed as children by toxic substances, including toxic levels of lead,…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.brunk@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

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

Victoria Pino

Vanderbilt Law School
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Robert Kry

MoloLamken LLP
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Rinat Gareev

Whitecliff Management
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León Castellanos-Jankiewicz

Institute for International and European Law
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Paul B. Stephan

University of Virginia School of Law
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Robin Effron

Brooklyn Law School
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Maryam Jamshidi

University of Colorado Law School
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