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Conflicts of Interest and Law-Firm Structure
In: 9 St. Mary's Journal on Legal Malpractice & Ethics 64 (2018)
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Judicial Impartiality in a Partisan Era
In: 70 Florida Law Review (Forthcoming)
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Personal Jurisdiction in Legal Malpractice Litigation
In: 6 St. Mary's Journal on Legal Malpractice & Ethics, 2015, Forthcoming
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Regulating Electronic Legal Support Across State and National Boundaries
In: 47 Akron Law Review 37 (2014)
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Global Litigation, Local Judgment Enforcement
In: Proceedings of the annual meeting / American Society of International Law, Band 108, S. 439-442
ISSN: 2169-1118
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Forum Non Conveniens on Appeal: The Case for Interlocutory Review
In: 18 Southwestern Journal of International Law 445 (2012)
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The Impact of Third-Party Financing on Transnational Litigation
In: 44 Case Western Reserve Journal of International Law 159 (2011) (Symposium Issue)
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Working paper
Organizational Management of Conflicting Professional Identities
In: 43 Case Western Reserve Journal of International Law 603 (2011)
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The Inextricable Merits Problem in Personal Jurisdiction
In: 45 UC Davis Law Review 1301 (2012)
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Transnational Litigation and Institutional Choice
When U.S. corporations cause harm abroad, should foreign plaintiffs be allowed to sue in the United States? Federal courts are increasingly saying no. The courts have expanded the doctrines of forum non conveniens and prudential standing to dismiss a growing number of transnational cases. This restriction of court access has sparked considerable tension in international relations, as a number of other nations view such dismissals as an attempt to insulate U.S. corporations from liability. A growing number of countries have responded by enacting retaliatory legislation that may ultimately harm U.S. interests. This Article argues that the judiciary's restriction of access to federal courts ignores important foreign relations, trade, and regulatory considerations. The Article applies institutional choice theory to recommend a process by which the three branches of government can work together to establish a more coherent court-access policy for transnational cases.
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Beyond the Torture Memos: Perceptual Filters, Cultural Commitments and Partisan Identity
In: 42 Case Western Reserve Journal of International Law 389 (2009)
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