International Civil Litigation

Section 1, Fall 19

Schedule Information

Enrollment: 38/64
Credits: 3

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.

Course Requirements

Exam Info:
Midterm Type (if any): None
Description: None

Final Type (if any): None
Description: None
Final Exam Notes:

None


Written Work Product
Written Work Product: There is no examination in this course. Instead, each student must write a memorandum, of approximately 15 pages, that analyzes one of the principal cases in the course. Each paper should offer a summary of the opinion and its holding, a critique of the arguments offered by the court, how it fits with other material that we cover, and an assessment of its overall significance. In writing the papers, it is not necessary to do original research but you should pursue citations in the casebook and supplement as necessary. The paper will be due via EXPO by noon on the last day of the exam period.

Other Work

Other Course Details
Prerequisites: Concurrencies: None
Mutually Exclusive With: None
Laptops Allowed: Yes
First Day Attendance Required: No
Course Notes:

Graduation Requirements

*Satisfies Writing Requirement: No
**Credits For Prof. Skills Requirement: No
Satisfies Professional Ethics: No

*Yes means professor requires everyone in the course to submit a substantial research paper (which is the requirement standard in Academic Policies), so no paperwork required to be submitted to SRO. No means student must timely submit paperwork to SRO if intending to use a paper in this course to satisfy the Writing Requirement.

**Yes indicates course credits count towards UVA Law’s Prof. Skills graduation requirement, not necessarily a skills requirements for any particular state bar.

General Information

Schedule No.
119819902
Law No.
LAW7052
Modified Type
Lecture
Cross Listed: No
Cross-Listed Course Mnemonic:
Public Syllabus Link: None
Evaluation Portal Via LawWeb Opens:
Evaluation Portal Via LawWeb Closes: