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….
Continue ReadingUnpacking 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…
Continue ReadingUnpacking 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…
Continue ReadingUnpacking 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…
Continue ReadingUnpacking 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…
Continue ReadingSupreme 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,…
Continue ReadingZach 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…
Continue ReadingOral 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…
Continue ReadingInternational 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…
Continue ReadingDoe 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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