Maggie Gardner
Cornell Law School
Maggie Gardner (@maggiekgardner) is a Professor of Law at Cornell Law School. She has served as an Associate Managing Editor for AJIL Unbound, as a co-chair for the Junior International Law Scholars Association, and as a fellow in the Appeals Chamber of the Special Tribunal for Lebanon. Before entering academia, she worked as a litigation associate at WilmerHale LLP and clerked for federal appellate and district court judges. Her articles on international litigation in U.S. courts have been published in such journals as the University of Pennsylvania Law Review, Virginia Law Review, NYU Law Review, and Stanford Law Review.
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,…
Continue ReadingFirst Circuit Argument Weighs Constitutionality of TVPA
Last month, the First Circuit (Judge Lara Montecalvo, presiding, with retired Justice Stephen Breyer and Senior Judge Sandra Lynch) heard oral argument in Boniface v. Viliena. Viliena, a Haitian national who has been a legal permanent resident of the United States since 2008, is challenging a $15.5 million jury award under the Torture Victim Protection…
Continue ReadingExtraterritoriality in Comparative Perspective
Extraterritoriality has been on the outs with the Roberts Court, which has curtailed the reach of U.S. trademark, human rights, securities, and racketeering laws via the presumption against extraterritoriality. But globally, extraterritoriality may be on the rise. Countries have flexed their extraterritorial muscles to address data privacy, human rights, competition law, tax base erosion, and…
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