S. Transnational & Interstate Litigation

This seminar introduces students to conceptual frameworks and practical strategies for litigating disputes that implicate multiple jurisdictions. Through the examination of foundational doctrines and cutting-edge developments, students will gain practical tools for navigating complex cross-border disputes in United States courts, addressing both transnational (involving multiple countries) and interstate (spanning multiple U.S. states) scenarios. The course explores three units: jurisdictional building blocks, multi-jurisdictional litigation in U.S. federal courts, and strategic forum management. The first unit examines traditional and modern approaches to adjudicatory jurisdiction and how courts determine their authority in cross-border contexts. The second studies constitutional principles of territoriality and extraterritoriality of federal statutory law, with emphasis on securities regulation. The final unit addresses strategic forum management through mechanisms like forum non conveniens, choice of court agreements, and arbitration. Each student will select two weeks to prepare response papers following a case study model that will serve to guide classroom discussion, as well as simulated arguments and client meetings. The course also features visits by practitioners and jurists. By the course’s end, students will possess both doctrinal knowledge and strategic insight necessary to navigate complex jurisdictional problems in transnational and interstate litigation practice.