Transnational Governance of Courts (Wang)
R 4:30PM - 6:30PM
Contemporary litigation often does not stop at the border. Litigants plan strategically across multiple legal systems when deciding where to bring their disputes, how to seek evidence, and how to achieve settlement or enforce judgments. Meanwhile, judges in different legal systems routinely oversee related lawsuits, have before them the same litigants executing a global strategy, and make decisions that have externalities for each other’s cases.
This course examines the scope, challenges, and implications of litigation that crosses borders. We begin by looking at key U.S. procedures that dictate when U.S. courts open their doors to transnational lawsuits and how U.S. courts interact with pending suits abroad. We then dissect the Volkswagen emissions litigation, which is simultaneously unfolding in the U.S., Germany, the Netherlands, and a litany of other countries. Finally, we delve into the Chinese legal system and ask how U.S. courts should interact with courts in an authoritarian regime that lack judicial independence. Throughout the course, we will look to international relations theory to understand which actors are empowered and which are disempowered by the existing system.
International and Comparative Law Learning outcomes: Demonstrate a core understanding of international and comparative law, both substantively and procedurally; Perform legal analysis in the context of international and comparative law; Communicate effectively on topics related to international and comparative law; Demonstrate an understanding of the role of international and comparative law, and their interconnection with domestic law.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.
Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.