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Michael D. Ramsey Professor of Law, University of San Diego Law School |
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International Civil Litigation, Spring 2010 Course Webpage |
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COURSE OVERVIEW
Class Meetings: Tuesday & Thursday, 1:00 pm – 2:15 pm
Office Hours: 4:20 pm – 4:50 pm Monday 2:15 pm – 4:45 pm Tuesday 4:20 pm – 4:50 pm Wednesday 2:15 pm – 4:45 pm Thursday
Textbook: Gary Born & Peter Rutledge, International Civil Litigation in U.S. Courts (4th edition, Aspen, 2007).
Additional assignments may be made from materials available on-line.
INFORMATION REGARDING COURSE SCHEDULE
Note: This space will be used for announcements regarding class cancellations, makeups, optional events of interest, and other updates regarding the course schedule.
This class will not meet Tuesday, April 27, 2010. The last day of class is Thursday, April 22, 2010.
CURRENT ASSIGNMENTS
Assignment for Thursday, April 22: ICL review hypothetical (download below). This is the last assignment for this course.
Assignment for Tuesday, April 20: Reading List, Part II.B
Assignment for Thursday, April 15: Reading List #4, Part II.A We will begin by quickly going over ICL Hypothetical Version #4
Assignment for Tuesday, April 13: Reading List #4, Part I.B. Restatement (Third) of Foreign Relations Law of the United States, Section 442 & related notes (especially note the Bank of Nova Scotia and Richmark cases) ICL Hypothetical Version #4 (download below)
Assignment for Thursday, April 8: New Reading List (#4, Discovery and Enforcement; download below), Part I.A; focus on the Reinsurance case on p. 953.
Assignment for Tuesday, April 6: Reading List #3, Part IV.C
Also, consider the following question:
In the Samantar case, which we studied in the foreign sovereign immunity unit, assume the Supreme Court decides that Mr. Samantar does not have immunity (because, it holds, the FSIA does not extend to former officials). On remand, can Samantar raise a defense based on the act of state doctrine? What exceptions might apply? What further facts might you need to answer the question?
Assignment for Thursday, April 1: Reading List #3, Part IV.B
Assignment for Tuesday, Mar. 30: Reading List #3, Part IV.A
Assignment for Thursday, Mar. 24: No new reading assignment. Apply choice of law analysis to ICL Hypothetical Version #3 (posted previously), assuming (i) California law is more favorable to Roberts’ claims; and (2) Roberts’ employment contract selects Chinese law for “all claims relating to this contract of employment.”
Assignment for Tuesday, Mar. 22: Reading List #3, Part III.B
Assignment for Thursday, Mar. 18: Reading List #3, Part III.A
Assignment for Tuesday, Mar. 16: Reading List #3, Part II
Assignment for Thursday, Mar. 4: Reading List #3, Part I.C & D Optional: check http://www.scotusblog.com for a report on the March 3 argument in the Samantar case
Assignment for Tuesday, Mar. 2: New Reading List [Number 3; download below], Part I.A & B
Assignment for Thursday, Feb. 25: Reading List Part III.B
Assignment for Tuesday, Feb. 23: Reading List Part III.A
Assignment for Thursday, Feb. 18: Reading List, Part II
Assignment for Tuesday, Feb. 16: No new reading; focus on the question of adequate alternative forum
Assignment for Thursday, Feb. 11 New Reading List, Part I.C, D & E. Apply forum non conveniens to the ICL Hypothetical (current version); assume personal jurisdiction is established and the FSIA does not apply.
Assignment for Tuesday, Feb. 9 New Reading List (ICL Reading List Part 2, download below), Part I.A & B
Assignment for Thursday, Feb. 4: Reading List Part III.C. Federal Rules of Civil Procedure, Rule 4 Hague Convention on Service of Process Skim Reading List Part III.D & E
Assignment for Tuesday, Feb. 2: Reading List Part III A & B.
Assignment for Thursday, Jan. 28: Reading List Part II.D & E; FSIA Section 1605A Consider application of the exceptions to immunity in the context of ICL Hypothetical Version #3 and of the Samantar case assuming Samantar is a “foreign state”
Optional: For those who are interested, here is the brief of law professors as amici curiae supporting respondents in the Samantar case.
Assignment for Tuesday, Jan. 26: Reading List Part II.C and FSIA Section 1605; consider in the context of ICL Hypothetical Version #3 (download below)
Assignment for Thursday, Jan. 21: (a) Text, pp. 219-224, 238-44 & nn. 17-18 on pp. 255-57. (b) Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. Sections 1603, 1604, 1605 (available on line) (c ) Brief for Petitioner in Samantar v. Yousuf, available at www.abanet.org/publiced/preview/briefs/pdfs/09-10/08-1555_Petitioner.pdf
Consider the arguments for extending immunity to foreign officials such as the petitioner in the Samantar case, especially with reference to the purposes of foreign sovereign immunity and the text of the FSIA.
Note: This assignment substitutes for Part II A. & B of the Reading List.
Assignment for Tuesday, Jan. 19: Reading List, Part I.D, in conjunction with ICL Hypothetical Version #2 (download below); skim Reading List Part I.E.
Assignment for Thursday, Jan. 14, 2010: Part 1 Reading List, Section I.B & C. For ICL Hypothetical Version #1, consider arguments for specific and general jurisdiction.
Assignment for Tuesday, Jan. 12, 2010 (first class meeting): Download below.
COURSE DOWNLOADS
Assignment for January 12, 2010 (first assignment)
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