Fall 2014
    Law No.: LAW7052
    Sched. No.: 114821455

International Civil Litigation
Section 1
X
Rutherglen, George



Administrative Information:
During SIS enrollment, check on SIS for real-time enrollment numbers
Days, Times (Room):MR, 1410-1530 (WB103)
Credits:3Type:Lecture
Capacity:44 **This information is current as of 09/18/2014 06:13:24 AM**
Current Enrollment:34 **This information is current as of 09/18/2014 06:13:24 AM**

Course Description:

This course examines the issues of sovereignty, jurisdiction, and human rights that arise in civil litigation from conduct with effects that cross national boundaries. It begins with an examination of all forms of jurisdiction in international cases: personal jurisdiction, subject-matter jurisdiction, and legislative jurisdiction. The course emphasizes decisions on the extraterritorial assertion of power by American courts and the extraterritorial coverage of American law. Human rights claims also figure prominently in these cases. The course then considers the related issue of claims against foreign sovereigns, which implicate the defense of sovereign immunity and the act of state doctrine as a limit on judicial power. All these issues lead naturally to consideration of the effect of foreign judgments, both in enjoining competing litigation in other countries and in collecting on foreign judgments. International arbitration as an alternative to litigation raises similar issues, especially with respect to enforcement of foreign arbitration awards. The course also touches upon service of process and discovery in foreign nations, illustrating the sensitivity that every country has to encroachment upon its sovereignty by court orders issued elsewhere.

There is no examination in this course. Instead, each student must write two papers, each from 2400 to 3000 words in length. One is due at the end of October and the other at the end of the exam period.

COURSE REQUIREMENT: Two 2400 to 3000 word papers