Brazil’s Superior Court Invokes Forum Non Conveniens: Is that Really What They Mean?
On September 1, 2026, Brazil’s Superior Court of Justice invoked the doctrine of forum non conveniens in declining jurisdiction to hear a dispute. It is the first time this court has done so in a transnational case. Does the judgment represent the reception of forum non conveniens into Brazilian law? The answer is less straightforward…
Continue ReadingDemystifying Borrowing Statutes
A borrowing statute is a law directing the courts in one jurisdiction to “borrow” the shorter statute of limitations of another jurisdiction. Borrowing statutes are common in the United States—thirty-six states have enacted them—but they are largely unknown in the rest of the world. In this post, I seek to demystify borrowing statutes for the…
Continue Reading“Sticky Beliefs” about Transnational Litigation
Empirical legal scholarship has been on the rise. But empirical research on transnational litigation remains relatively uncommon. This limits our knowledge of transnational litigation and, by hindering assessment of claims about transnational litigation, it allows what I call “sticky beliefs” to take hold. Sticky beliefs are assertions made without empirical support, which are then uncritically…
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