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.
Debunking the Seventeenth-Century “Roots” of Forum Non Conveniens
Courts and commentators will sometimes assert that forum non conveniens is an “ancient common law doctrine” that has “deep roots” tracing back to the 1600s. As I recount in a forthcoming book chapter, those assertions all appear to trace back to a 1947 law review article and the three Scottish cases on which the author…
Continue ReadingD.C. Circuit Holds Fuld Does Not Apply to District of Columbia
In July, the D.C. Circuit (Judge Justin Walker) held that the local courts of the District of Columbia are still constrained by the minimum contacts test for personal jurisdiction derived from International Shoe Co. v. Washington (1945) and not by the “more flexible” test permitted by the Fifth Amendment after Fuld v. Palestine Liberation Organization…
Continue ReadingD.C. Circuit on Personal Jurisdiction in Foreign-Cubed Cases
The D.C. Circuit (Judge Patricia Millet) recently grappled with the limits of federal personal jurisdiction in a suit between foreign parties regarding events that took place outside the United States. In Gligorov v. Nation of Brunei, the court affirmed the dismissal of RICO claims against three corporate defendants for lack of personal jurisdiction. The opinion…
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