Act of State Doctrine

Second Circuit Rejects Act of State Doctrine in Antitrust Case

In a recent decision, Celestin v. Caribbean Air Mail, Inc., the Second Circuit held that the act of state doctrine does not bar U.S. antitrust claims based on the acts of a foreign government. Although the Second Circuit is right, its decision diverges from the decisions of other circuits that have applied the doctrine as…

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Throwback Thursday: Joseph Story and the Comity of Nations

One of the most influential books on transnational litigation was written nearly two centuries ago by a sitting Justice of the U.S. Supreme Court. Joseph Story’s Commentaries on the Conflict of Laws, first published in 1834, synthesized foreign and domestic cases regarding conflict of laws and the enforcement of foreign judgments. Story endorsed international comity…

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Cert Petition Challenges Second Circuit’s Comity Abstention Doctrine

A cert petition filed with the Supreme Court on March 21, 2022 challenges the doctrine of prescriptive comity abstention.  The Second Circuit used this doctrine to reverse a $147 million antitrust judgment against Chinese companies for fixing the price of vitamin C sold into the United States. The Second Circuit’s decision relies on the kind…

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Foreign Dictators in U.S. Courts

Statues of dictators

From Augusto Pinochet to Jiang Zemin and Ferdinand Marcos, foreign dictators have for decades faced a range of claims in U.S. courts. But there is also a line of cases in U.S. courts involving dictators as plaintiffs. Over the last decade, authoritarian governments from China, Russia, Turkey, and Venezuela have used the U.S. judicial system to file frivolous claims against political opponents. And these claims appear to be mainly a harassment technique against dissidents and media outlets based in the United States.

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A Primer on the Act of State Doctrine

The act of state doctrine is a federal common law doctrine providing that courts in the United States will not question the validity of an official act of a recognized foreign government fully performed within its own territory. The doctrine is often applied in cases like Banco Nacional de Cuba v. Sabbatino (1964) to require…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Robin Effron

Brooklyn Law School
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Scott Dodson

UC Law – San Francisco
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Aaron D. Simowitz

Willamette University College of Law
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Hannah Buxbaum

Indiana University Maurer School of Law
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Paul MacMahon

LSE Law School
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Satjit Singh Chhabra

Khaitan and Co
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Keshav Somani

Khaitan and Co.
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Kartikey Mahajan

Khaitan and Co.
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Paul B. Stephan

University of Virginia School of Law
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Caroline Spencer

Vanderbilt Law School
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