This course focuses upon topics that have assumed increasing importance in federal and state court litigation during the past quarter of a century, but which do not receive sustained attention in the basic course in federal courts. Most importantly, the course will consider conflict of law problems, both at the domestic and international level. The course will next consider devices for handling litigation involving the same issue occurring in multiple fora, including preclusion, abstention, anti-suit injunctions, and claw-back statutes, once again both at the domestic and international level. Arbitration, both as a substitute for judicial process, and problems with respect to the enforcement of arbitration awards, both foreign and domestic, will be considered. Federal Courts is not a prerequisite for this course.
Textbook: Conflict of Laws : Cases and Materials, Lea Brilmayer, Jack Goldsmith, Erin O'Hara O'Connor (2011).