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 ReadingIssue to Watch: Section 1782 and the Unified Patent Court
Section 1782 is big business, with large numbers of petitions filed in federal courts every year. 28 U.S.C. § 1782 is a federal statute authorizing federal courts order discovery for use in a foreign or international tribunal (but not an international arbitral tribunal). The Supreme Court elaborated various aspects of Section 1782 in its 2004 decision Intel Corp. v….
Continue ReadingComparing Extraterritoriality in the EU
How a court decides whether a statute applies extraterritorially is a fundamental question in transnational litigation. TLB has lots of information about the U.S. approach. Our Primer on Extraterritoriality describes the federal and state approaches, as well as the customary international law rules on jurisdiction to prescribe. Recent posts have discussed the extraterritorial application of…
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