Transnational Litigation

Transnational litigation is litigation involving persons, events, or transactions with a connection to more than one country. In the United States, transnational litigation may occur in state or federal court.  The term encompasses ordinary commercial disputes between parties in different nations, multi-jurisdictional patent wars, and claims based on international human rights law. Transnational litigation cases raise a host of unique issues relating to procedural rules, private contracts, federal statutes, state law, and international treaties.

Recent Posts

Throwback 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 Reading

Using 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 Reading

The 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 Reading