Extraterritoriality in Flux
Earlier this month, at the annual meeting of the Association of American Law Schools, TLB Editors Maggie Gardner, Bill Dodge, and Hannah Buxbaum participated in a panel organized by the Section on Conflicts of Law entitled “Extraterritoriality in Flux.” This post summarizes their remarks. Maggie Gardner: It’s Time to Look Beyond the Presumption Against Extraterritoriality…
Continue ReadingNew Book on Foreign Law in Asia
Hart Publishing has just released an important new book on foreign law in Asia, edited by Kazuaki Nishioka. As regular TLB readers might recognize, I am very interested in how courts grapple with the law of foreign jurisdictions. (New paper coming soon!) In the United States, federal courts apply Federal Rule 44.1, under which foreign…
Continue ReadingIf Not Here, Where? Transnational Litigation Against U.S. Tech Companies Around the World
As U.S. courts have narrowed their amenability to transnational litigation, foreign courts have emerged as forums for such litigation. This is strikingly clear in suits against U.S. tech companies, which often cannot be sued at home because of Section 230 immunity. In suits around the world against U.S. tech giants, foreign courts are adapting concepts…
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