Choice of Law in the American Courts in 2024
The thirty-eighth annual survey on choice of law in the American courts is now available on SSRN. The survey covers significant cases decided in 2024 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 ReadingCall for Papers: International Law in Domestic Courts
The next International Law in Domestic Courts (ILDC) Workshop will be held at the George Washington University on Friday, May 23, 2025. The ILDC is an interest group of the American Society of International Law. Its purpose is to promote dialogue among scholars and lawyers who are interested in issues pertaining to the application of…
Continue ReadingRule 19 and Continuing Litigation in Peterson v. Bank Markazi
Last November, the Second Circuit decided in Peterson v. Bank Markazi that Bank Markazi, Iran’s Central Bank, remained immune from suit under the Foreign Sovereign Immunity Act (FSIA) despite the enactment of 22 U.S.C. § 8772, which subjects certain Iranian assets to “execution or attachment” to satisfy judgments against Iran. The district court will now…
Continue ReadingInternational Law in American Courts
In a new book, International Law in American Courts, slated for publication in Summer 2025, I address the status of international law in American courts under the Constitution and the power of those courts directly to apply rules of international law. Readers can find the full manuscript on SSRN here. In this post, I summarize…
Continue ReadingAll I Want for Christmas (from the Federal Courts)
Rounding out this week’s posts by John Coyle and Bill Dodge, here’s my wish list for the lower federal courts (plus a bonus plea to the Supreme Court). Stop Violating Rule 4(f) and the Hague Service Convention Rule 4(f) of the Federal Rules of Civil Procedure authorizes service of process on defendants “at a place…
Continue ReadingHistorical Gloss and the Extradition Power
In a recently-published book, “Historical Gloss and Foreign Affairs: Constitutional Authority in Practice,” I document how the foreign affairs powers of Congress and the executive branch have been heavily shaped by historic governmental practices, on issues ranging from the recognition of foreign governments to the use of military force. In this post, I discuss one…
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 ReadingParol Evidence and the CISG
In MCC-Marble Ceramic Center, Inc., v. Ceramica Nuova d’Agostino, S.p.A. (1998), the Eleventh Circuit held that the American parol evidence rule does not apply in cases governed by the U.N. Convention on Contracts for the International Sale of Goods (CISG). Article 8(3) of the Convention instructs courts, in determining the intent of the parties to…
Continue ReadingFrom Standards to Rules in Private International Law?
Linda Silberman, Clarence D. Ashley Professor of Law Emerita at NYU School of Law and TLB Advisor, has recently posted to SSRN a number of her lectures from her summer 2021 Hague Academy General Course in Private International Law, updated to reflect changes through 2024. The series of lectures, entitled The Counter-Revolution in Private International…
Continue ReadingEighth Circuit Rejects Recovery of Attorney Fees under the CISG
Few questions on the interpretation of the CISG have been as contested on the international level as the potential recovery of attorney fees as damages for breach of contract. Courts in the United States have historically held that attorney fees are not recoverable under Article 74. That consensus was challenged last year when a federal…
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