LAW 5480: Transnational Litigation

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This course will deal with the complexities added to the normal processes of civil litigation when each party is located in a different country. While the focus will be largely on U.S. practice and procedures, the litigation rules of other countries will be given significant consideration. Students will have the opportunity to review such concepts as personal and subject matter jurisdiction, service of process, discovery, and the enforcement of judgments, and to consider the application of those concepts in a transnational context. Most of the course will be conducted on the basis of analysis of assigned problems, with each student being designated to lead or co-lead the discussion of at least one specific problem. Where relevant, this may involve the preparation of necessary documents. Each student will be responsible for creating a check list of transnational litigation issues. Grades will be based upon a student’s: (1) general participation in class discussion; (2) presentation of the problem or problems assigned to that student; (3) litigation check list to be submitted at the end of the semester; and (4) paper to be submitted at the end of the semester on a specific topic covered in the course of the semester. This course will be held in conjunction with the Transnational Litigation Seminar. Students taking the course as a seminar will prepare a more extensive research paper, and will present that paper in class. Those taking the Seminar track will receive 3 credits and may use their paper to satisfy the faculty supervised legal writing requirement. Papers written by students not taking the Seminar Track will not qualify for the faculty supervised legal writing requirement.


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