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Deference to Foreign Sovereign Submissions

Following up on my previous post here, the United States Supreme Court granted certiorari on January 12, 2018 in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. (No. 16-1220).  The grant was limited to the following question presented: Whether a court may exercise independent review of an appearing foreign sovereign’s interpretation of its domestic […]

Annual Survey of American Choice-of-Law Cases

Symeon Symeonides has posted on SSRN his 31st annual survey of American choice-of-law cases. The survey covers appellate cases decided by American state and federal courts during 2017. It can be found here https://ssrn.com/abstract=3093709  The table of contents is reproduced below. Symeonides has also posted his annual Private International Law Bibliography for 2017. It can […]

Deference to Foreign Sovereign Submissions

As previously reported here, the United States Court of Appeals for the Second Circuit issued a decision in 2016 reversing a $147.8 million price-fixing judgment against two Chinese manufacturers of Vitamin C. The plaintiffs alleged that the Chinese manufacturers engaged in price fixing and supply manipulation in violation of U.S. antitrust laws. In its first ever appearance […]

General Principles of Procedural Law and Procedural Jus Cogens

Professor S.I. Strong has just posted a new paper on international procedural law.  From the abstract: General principles of law have long been central to the practice and scholarship of both public and private international law. However, the vast majority of commentary focuses on substantive rather than procedural concerns. This Article reverses that trend through […]

Internationalizing the New Conflict of Laws Restatement

The Duke Journal of Comparative & International Law has just published a symposium issue on the importance of international law and comparative law for the American Law Institute’s new Conflict of Laws Restatement project.  Professors Ralf Michaels and Christopher Whytock have a Foreword entitled Internationalizing the New Conflict of Laws Restatement.  Here is the Table […]

American Association of Law Schools Section on Conflict of Laws Call for Papers

AALS Section on Conflict of Laws Call for Papers – 2018 AALS Annual Meeting The AALS Section on Conflict of Laws invites papers for its program entitled “Crossing Borders: Mapping the Future of Conflict of Laws Scholarship” at the AALS Annual Meeting, January 3-6, 2018, in San Diego. TOPIC DESCRIPTION: Now more than ever, the challenges created […]

Kotuby and Sobota: General Principles of Law and International Due Process

Chuck Kotuby and Luke Sobota recently published General Principles of Law and International Due Process:  Principles and Norms Applicable in Transnational Disputes (Oxford University Press). The book updates Bin Cheng’s seminal book on general principles from 1953. The book also collects and distills these principles in a single volume as a practical resource for lawyers and […]

Conflict of Laws and Silicon Valley

See here for a fascinating post by Professor Marketa Trimble (UNLV Law).  From the post: Now that conflict of laws has caught up with Silicon Valley and is forcing internet companies to rethink the problems that occupy this fascinating field of law, conflict-of-laws experts should catch up on the internet: they should better educate themselves […]

Conflict of Laws and the Internet

Professor Marketa Trimble (UNLV School of Law) has a fascinating post on the Technology and Marketing Law Blog.  She notes that “After years of what seemed to the outside world to be a period of denial, internet companies now appear to have awakened to the idea–or at least to have acknowledged the idea–that conflict of laws […]