Finding the Right International Comity Doctrine
In Salisbury v. Costco Wholesale Corp., plaintiffs brought a class action in the U.S. District Court for the Western District of Washington alleging that Costco sold, as “100% agave,” tequilas that contain cheaper, non-agave alcohol. Plaintiffs based their allegations on a testing methodology known as SNIF-NMR, which identifies the plant origin of ethanol by measuring…
Continue ReadingSubstance and Procedure in Conflict of Laws
The field of conflict of laws is famously inscrutable. One of the most enigmatic doctrines in this area is the distinction between “substantive” issues and “procedural” issues. In this post, I first explain how U.S. courts distinguish between these issues for the purpose of resolving horizontal conflicts of law between sovereigns. I then explain how…
Continue ReadingThird Conflict of Laws Annual Workshop Agenda
Following up on an earlier post, the agenda for the Third Conflict of Laws Annual Workshop (CLAW3) is now available here. TLB’s own John Coyle and Maggie Gardner will be presenting papers. The workshop is hosted by the University of Pennsylvania Carey Law School on Friday, November 13, 2026, with a welcome dinner the night…
Continue ReadingThe Ferrari Is Still in the Warehouse
In July 2022, I authored a blog post about a Ferrari F50 that was sitting in a U.S. Customs and Border Patrol warehouse in upstate New York while a federal court tried to sort out who owned it. I recently discovered that this famed Italian supercar is still sitting in that same warehouse. In this…
Continue ReadingOral Argument Recap: Suncor v. Boulder
On Monday, the Supreme Court opened its new Term with oral arguments in Suncor v. County Commissioners of Boulder County (for background on the case, check out our preview post). Justice Alito did not participate as he has recused himself. Here are some takeaways as we await the Court’s decision. No One Is Buying the…
Continue ReadingGerman Court Decides U.S. Copyright Claims
The training of artificial intelligence (“AI”) models on copyrighted works, such as books, articles, and songs, has produced disputes about the legality of the use of the works for such a purpose if the training occurs without permission or a license from the copyright owners. Copyright owners and their representatives have now sued AI companies…
Continue ReadingA Tangled Mess in New Hampshire
Characterization plays an important role in conflict of laws. When the choice-of-law rules for contracts are different than the choice-of-law rules for property, a court’s decision to characterize an issue as sounding in “contract” or “property” will inevitably affect which jurisdiction’s law is applied. The New Hampshire Supreme Court grappled with the issue of characterization—though…
Continue ReadingU.S. Copyright Transfer Termination Rights as a Choice-of-Law Problem
A transfer of copyright, such as an assignment of copyright or a license of copyright, is often executed with transnational scope. Business transactions in most types of copyrighted works are increasingly global, and it is not surprising that parties want to conduct transactions in copyright for multiple countries. Transfers of copyright, including those that arise…
Continue ReadingChoice of Law in the American Courts in 2025
The thirty-ninth annual survey on choice of law in the American courts is now available on SSRN. The survey covers significant cases decided in 2025 on choice of law, party autonomy, extraterritoriality, international human rights, foreign sovereign immunity, adjudicative jurisdiction, and the recognition and enforcement of foreign judgments. This annual survey was admirably maintained by Symeon Symeonides for…
Continue ReadingExtraterritoriality 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…
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