Admiralty’s Influence on Transnational Procedure
Admiralty was the original site of transnational litigation in U.S. courts. Given the breadth of admiralty jurisdiction, the federal courts developed a number of procedural tools for balancing international comity and practical concerns in these international business disputes. Just because a foreign ship showed up in a U.S. port, for instance, didn’t mean a U.S….
Continue ReadingOne More Thought on Halkbank
The recent Supreme Court argument in Türkiye Halk Bankasi A.S. (Halkbank) v. United States has captivated the transnational litigation community. Experts have weighed in in many forms, including on this blog. In this post, I want to add one more thought that I have not seen raised in this context. Even if the Court decides…
Continue ReadingAmerican Law Institute Launches Second Phase of Restatement (Fourth) of Foreign Relations Law
Yesterday, the Council of the American Law Institute (ALI) approved a project to complete the Restatement (Fourth) of the Foreign Relations Law of the United States. The project will be chaired by John Bellinger and Harold Koh. Curt Bradley, Bill Dodge, and Oona Hathaway will serve as reporters. The first phase of the Restatement (Fourth)…
Continue ReadingZachary Clopton Joins TLB as Editor
Starting today, I will be joining TLB as an editor. I am excited to take on this new role as I am an avid consumer of the blog, as well as an occasional contributor.
Continue ReadingTLB’s Top Ten Posts in 2022
As 2022 draws to a close, so too does the first year for TLB. We began blogging in late March. Since then, we have published nearly two hundred posts by more than fifty authors. Here are TLB’s top ten posts, by number of views, in 2022. (1) Maggie Gardner, U.S. Courts Gut Key Provision of…
Continue ReadingThrowback Thursday: John Henry Merryman on the Civil Law Tradition
Transnational litigation is situated at the intersection of many areas of law, including comparative law. This Throwback Thursday focuses on one of the great works of comparative law, The Civil Law Tradition: An Introduction to the Legal Systems of Western Europe and Latin America by John Henry Merryman. The slim volume can almost get lost…
Continue ReadingUsing TLB To Teach Transnational Litigation
One of our goals in creating TLB was to compile a set of educational resources for students and teachers. As we gear up for a new academic year, we will be running a series of posts highlighting TLB content that may be useful to professors of Civil Procedure, Foreign Relations Law, International Business Transactions (IBT),…
Continue ReadingThe Political Question Doctrine in the Lower Courts
Curt Bradley and Eric Posner have posted to SSRN a fascinating new paper about the political question doctrine. In The Real Political Question Doctrine, they take an empirical look at cases applying the doctrine in the lower federal courts since the Supreme Court’s 1962 decision in Baker v. Carr. Among other things, they find that…
Continue ReadingNew Scholarship on the Argentinian Sovereign Debt Litigation
For more than a decade in the early 00s, Argentina’s $100 billion sovereign debt default dominated the transnational litigation news headlines – and, indeed, global financial news. Hundreds of cases were filed against Argentina in U.S. courts with long-term implications for foreign sovereign immunity and foreign direct investment.   Many of those cases were consolidated before…
Continue ReadingSupreme Court Round-Up, OT 2021
Transnational litigation has been a persistent, if small, part of the Supreme Court’s docket in the Roberts Court. With the Supreme Court now on its summer break, here is a summary of TLB’s coverage of October Term 2021 cases, which included important decisions on choice of law and federalism and on discovery for use in…
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