U.S. Courts “International Law” Year in Review Panel Discussion, December 9
The Dispute Resolution and International Law in Domestic Courts Interest Groups of the American Society of International Law, along with the Transnational Litigation Blog, cordially invite you to a hybrid panel discussion on recent key decisions in U.S. courts and legally driven developments in executive branch practice that have significant implications for U.S. foreign relations…
Continue ReadingNo Injunction Against Florida Alien Ownership Law
After briefly enjoining the enforcement of Florida’s SB 264, the Eleventh Circuit has reversed course in Shen v. Simpson. The court of appeals held that most of the plaintiffs lack Article III standing and that those with standing are unlikely to succeed on the merits of their claims. It thus affirmed the district court’s denial…
Continue ReadingOral Arguments Over Trump’s Tariffs
On November 5, 2025, the Supreme Court heard oral argument in Learning Resources, Inc. v. Trump to determine whether the International Emergency Economic Powers Act (IEEPA) permits President Trump to impose sweeping emergency tariffs. Although it is not clear when the Court will rule, there is pressure to reach a decision soon because the longer…
Continue ReadingInternational Law Weekend!
This year’s International Law Weekend, an event offered by the International Law Association, takes place October 23-25 in New York City. The program has several panels that may be of interest to TLB readers, including these two: Crisis, Courts, and Sovereigns: Rethinking Immunity and Enforcement in a Shifting Global Order Friday, October 24, 11:30AM-12:45PM in…
Continue ReadingScholarship Critical of “Schedule A” Cases
A growing chorus of scholarly concern about “Schedule A” cases appears to be catching the attention of some district courts. In a “Schedule A” case, a holder of U.S. intellectual property rights will sue a large collection of defendants, often online merchants based outside of the United States, which it will list in a “Schedule…
Continue ReadingFlorida Judge Sets Aside Historic Helms-Burton Verdict
More big news in the hot new topic in transnational litigation: the Helms-Burton Act. A Florida district court has set aside the historic $120 million jury verdict awarded to a Cuban-American plaintiff against hotel booking services. The judge held that the plaintiffs offered insufficient evidence that the defendants had “knowingly” “traffic[ked]” in confiscated property. Background…
Continue ReadingDOJ Takes Broad View of Foreign Affairs Preemption in Pipeline Case
The Trump Administration has made so many broad assertions of executive power this year that it can be hard to keep track. One such assertion that has not made headlines is found in a statement of interest filed on September 12, 2025, in Enbridge Energy v. Whitmer. At issue is Michigan Governor Gretchen Whitmer’s 2020…
Continue ReadingInteresting Papers at the ASIL Midyear Meeting, Sept. 26-27
The American Society of International Law is holding its midyear meeting in Cleveland, Ohio on September 26-27, 2025. The midyear meeting includes research fora that focus on draft papers selected through an open, competitive submission process. Several selected papers may be of interest to TLB readers, including: Challenging National Security List Designations in U.S. Courts…
Continue ReadingThe Jurisdictional Battle Over Which Court Will Adjudicate the Trump Tariff Challenges
Last week, two courts enjoined the Trump administration tariffs that Trump purported to promulgate by executive order pursuant to the International Emergency Economic Powers Act (IEEPA). In a May 28 ruling in V.O.S. Selections Inc. v. U.S., the Court of International Trade (CIT) issued a permanent injunction against the government defendants, and in a May…
Continue ReadingOne Century of Arbitration in the United States: Call for Papers
To celebrate the one hundredth anniversary of the Federal Arbitration Act, Transnational Dispute Management(TDM) is publishing a special issue, “One Century of Arbitration in the United States: The Federal Arbitration Act at Home and Abroad,” edited by Professor Björn Arp and Professor Kiran Nasir Gore. Proposals may be submitted to info@transnational-dispute-management.com and will be reviewed…
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