LAW 5861: Transnational Litigation Seminar
This seminar 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. Much 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. For seminar students, the grade will be based on the student’s (1) research paper; (2) the presentation of that paper to the class; (3) general participation in class discussion; (4) presentation of the problem or problems assigned to that student; and (5) the litigation check list to be submitted at the end of the semester. This course will be held in conjunction with the non-seminar Transnational Litigation course. Students taking the course as a seminar will prepare a more extensive research paper, and will present that paper in class. Those taking the non-seminar track will receive 2 credits and may not use their paper to satisfy the faculty supervised legal writing requirement. Enrollment in the seminar track will be limited to 6 students.