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.
Personal Jurisdiction and the Montreal Convention
I recently discussed the Fifth Circuit’s remarkably unremarkable personal jurisdiction analysis in a case involving a Montreal Convention claim. Before reaching the constitutional personal jurisdiction analysis, however, the panel in Hardy v. Scandinavian Airlines System first rejected the plaintiff’s argument that the Montreal Convention itself established personal jurisdiction over the defendant airline, either directly or…
Continue ReadingFrom Standards to Rules in Private International Law?
Linda Silberman, Clarence D. Ashley Professor of Law Emerita at NYU School of Law and TLB Advisor, has recently posted to SSRN a number of her lectures from her summer 2021 Hague Academy General Course in Private International Law, updated to reflect changes through 2024. The series of lectures, entitled The Counter-Revolution in Private International…
Continue ReadingFifth Circuit Doubles Down on International Shoe
A recent Fifth Circuit decision stoutly reaffirmed that court’s en banc position that the personal jurisdiction analysis is the same under the Fifth and the Fourteenth Amendments. Indeed, reading Hardy v. Scandinavian Airlines System, one would have no idea that a vocal minority of federal appellate judges have been calling for a veritable revolution in…
Continue Reading