John Coyle
University of North Carolina School of Law
John F. Coyle is the Reef C. Ivey II Distinguished Professor of Law at the University of North Carolina School of Law. He is a past chair of the AALS Section on Conflict of Laws and is currently an Adviser for the American Law Institute’s Restatement (Third) of Conflict of Laws. His articles on choice-of-law clauses, forum selection clauses, cross-border dispute resolution, and international commercial contracts have appeared in journals such as the Notre Dame Law Review, the William & Mary Law Review, the North Carolina Law Review, and the Iowa Law Review. Before entering the academy, he worked as a transactional attorney at Covington & Burling LLP and clerked for a judge on the U.S. Court of Appeals for the Second Circuit.
Sovereign Immunity and Choice-of-Law Clauses
On its face, a choice-of-law clause selecting the laws of the United States (or a state within the United States) may seem irrelevant to whether a foreign nation has waived its sovereign immunity in U.S. courts. Over the years, however, a number of U.S. courts have held that a choice-of-law clause may, in fact, function as an implied…
Continue ReadingMontana Supreme Court Decides International Child Custody Case
The Uniform Child Custody Jurisdiction and Enforcement Act discourages forum shopping in child custody disputes by assigning subject-matter jurisdiction to the court located in the “home state” of the child. In Allen v. Allen, decided on April 21, 2026, the Montana Supreme Court had to determine whether the child’s “home state” was Montana or the…
Continue ReadingIf You Give a Mouse a Forum Selection Clause…
Many U.S. states have chosen to write “anti-waiver” provisions into statutory schemes that confer rights on in-state residents. Anti-waiver statutes provide that rights conferred by the statutory scheme cannot be waived. On a number of occasions, the courts have adopted “If You Give a Mouse a Cookie” logic to hold that these statutes invalidate forum…
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