Linda J. Silberman

New York University School of Law

Linda silberman

Linda J. Silberman is the Clarence D. Ashley Professor of Law at New York University School of Law and Co-Director of the NYU Center for Transnational Litigation, Arbitration, and Commercial Law. She teaches and writes in the areas of Conflict of Laws, Civil Procedure, Comparative Civil Procedure, Transnational Litigation, International Commercial Arbitration, and International Child Abduction. Professor Silberman has been a member of numerous U.S. State Department delegations to the Hague Conference on Private International Law and is a member of the State Department Advisory Committee on Private International Law. She is a co-author of a leading Civil Procedure casebook (Civil Procedure in Theory and Practice, now in its Sixth edition) and of Civil Litigation in Comparative Context, for which did the chapter on Transnational Litigation. Professor Silberman was the Co-Reporter for the American Law Institute’s Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute, and she has testified in Congress on judgment recognition on several occasions. She has served as Adviser on three different projects of the American Law Institute: the Restatement (Fourth) of Foreign Relations Law, the Restatement of U.S. Law on International Commercial and Investor-State Arbitration, and the Restatement (Third) of Conflict of Laws.

Posts by 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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