Litigation & Procedure

Faculty

  • José Alvarez
    Herbert and Rose Rubin Professor of International Law on Leave
    A former president of the American Society of International Law and a member of the Council on Foreign Relations and the Institut de Droit International, José Enrique Alvarez has made substantial scholarly contributions to a wide range of subjects within international law, including the law-generating roles of international organizations, the challenges facing international criminal tribunals, and the international investment regime. Along with NYU colleague Benedict Kingsbury, Alvarez is the co-editor-in-chief of the leading peer-reviewed journal in the field, the American Journal of International Law. Alvarez has been a special adviser on international law to the prosecutor of the International Criminal Court, an attorney adviser with the Office of the Legal Adviser of the US Department of State, and has taught at Columbia, the University of Michigan, George Washington, and Georgetown law schools. His series of lectures at The Hague Academy of International Law on the subject of foreign investment was subsequently published as The Public International Law Regime Governing International Investment (2011). His general course on public international law at the Xiamen Academy of International Law, a series of fifteen lectures delivered at China’s Xiamen University in 2013, is expected to be published as a monograph in the near future.
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  • Sarah Burns
    Professor of Clinical Law
    Sarah Burns supervises the Reproductive Justice Clinic, which represents clients throughout the United States in litigation and policy projects centering on reproductive decision making. Burns is executive director of Washington Square Legal Services, the nonprofit entity under which most NYU Clinical Law Programs practice law. Burns also co-founded and oversees the Mediation Clinic and the Litigation, Organizing & Systemic Change Clinic, conducted in partnership with Make the Road NY and Center for Popular Democracy. Burns combines law with learning in social science to develop effective solutions for problems that institutions and communities face. Burns, who has been on the NYU faculty since 1990, specializes in experiential learning pedagogy, developing simulation and clinical courses in litigation, negotiation, mediation, policy advocacy, and systemic change. Burns began her law practice as a litigating attorney with the Washington, DC, commercial law firm Covington & Burling, representing industry associations in federal regulatory matters that Burns cites as “a key introduction to interest-based and advocacy legal practice so central to all negotiation and coalition work—whether in for-profit or not-for-profit/NGO sectors.” Burns later moved into public interest civil rights practice, undertaking litigation, legislative, and policy advocacy work. She has worked nationwide on cases in federal and state courts, and has advised legislative and regulatory initiatives. Burns graduated in 1979 from Yale Law School, where she edited the Yale Law Journal, and holds master’s degrees from Stanford University in sociology and the University of Oklahoma in human relations.
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  • Oscar Chase
    Russell D. Niles Professor of Law;
    Co-Director, Institute of Judicial Administration
    Oscar Chase regularly teaches courses on various aspects of civil procedure, including the basic first-year course and a seminar on comparative procedure. Another of his courses is Professional Responsibility, a survey of legal ethics. His books on procedure include Civil Litigation in New York (sixth edition, 2013) and Civil Litigation in Comparative Context (co-authored, 2007). In recent years, Chase has advocated for increasing the interdisciplinary and comparative aspects of law teaching and scholarship. He offers a popular colloquium, Culture and the Law, in which the tools of anthropology and sociology are used to add understanding of disputing systems. His book Law, Culture, and Ritual: Disputing Systems in Cross-Cultural Context (2005) explores how culture and disputing institutions interrelate. His work has been translated into Italian, Portuguese, Russian, and Spanish. Chase is currently a vice president of the International Association of Procedural Law. He began his legal career as an attorney in the legal services program and was involved in establishing the law reform orientation of the first federally funded program in New York. Chase then taught at Brooklyn Law School before joining the NYU School of Law faculty, where he served as vice dean from 1994 to 1999.
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  • Kevin Davis
    Vice Dean;
    Beller Family Professor of Business Law on Leave
    Kevin Davis teaches courses on contracts, regulation of foreign corrupt practices, secured transactions, and law and development, as well as seminars on financing development and contract theory. His current research is focused on contract law, anticorruption law, and the general relationship between law and economic development. Davis received his BA in economics from McGill University in 1990. After graduating with an LLB from the University of Toronto in 1993, he served as law clerk to Justice John Sopinka of the Supreme Court of Canada and later as an associate in the Toronto office of Torys, a Canadian law firm. After receiving an LLM from Columbia University in 1996, he was appointed an assistant professor at the University of Toronto and in 2001 was promoted to associate professor. Davis has also been a visiting assistant professor at the University of Southern California, a visiting fellow at Cambridge University’s Clare Hall, and a visiting lecturer at the University of the West Indies in Barbados.
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  • Rochelle Dreyfuss
    Pauline Newman Professor of Law;
    Co-Director, Engelberg Center on Innovation Law & Policy;
    Co-Director, Competition, Innovation, and Information Law Program
    Rochelle Cooper Dreyfuss holds BA and MS degrees in chemistry and was a research chemist before entering Columbia Law School, where she served as articles and book review editor of the Law Review. She is a member of the American Law Institute and served as a reporter for its Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes project. Dreyfuss clerked for Judge Wilfred Feinberg of the US Court of Appeals for the Second Circuit and for Chief Justice Warren Burger of the US Supreme Court. She was a member of the National Academies’ Committee on Science, Technology, and Law, the Secretary of the Department of Health and Human Services’ Advisory Committee on Genetics, Health, and Society, and a consultant to the Federal Courts Study Committee, the Presidential Commission on Catastrophic Nuclear Accidents, and the Federal Trade Commission. She has edited several books on intellectual property, including Balancing Wealth and Health: The Battle Over Intellectual Property and Access to Medicines in Latin America (2014, with César Rodríguez-Garavito), which was published in 2016 in Spanish as Entre la salud y las patentes. She co-authored A Neofederalist Vision of TRIPS: Building a Resilient International Intellectual Property System (2012, with Graeme Dinwoodie).
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  • Samuel Estreicher
    Dwight D. Opperman Professor of Law;
    Director, Center for Labor and Employment Law;
    Co-Director, Institute of Judicial Administration
    Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on labor law and employment discrimination and employment law; and published more than 150 articles in professional and academic journals. After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York, and chief reporter of the Restatement of Employment Law (2015). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and foreign relations law issues. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers.
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  • Franco Ferrari
    Professor of Law;
    Director, Center for Transnational Litigation, Arbitration and Commercial Law
    Franco Ferrari, who joined the NYU School of Law faculty in Fall 2010, was most recently a chaired professor of international law at Verona University in Italy. Previously, he was a chaired professor of comparative law at Tilburg University in the Netherlands and the University of Bologna in Italy. After serving as a member of the Italian delegation to various sessions of the United Nations Commission on International Trade Law (UNCITRAL) from 1995 to 2000, he was legal officer at the United Nations Office of Legal Affairs, International Trade Law Branch, from 2000 to 2002, where he was responsible for numerous projects, including the preparation of the UNCITRAL digest on applications of the UN Sales Convention. Ferrari has published more than 280 law review articles in various languages and 17 books in the areas of international commercial law, conflict of laws, comparative law, and international commercial arbitration. Ferrari is a member of the editorial boards of various peer-reviewed European law journals (Internationales Handelsrecht, European Review of Private Law, Contratto e impresa, Contratto e impresa/Europa, and Revue de droit des affaires internationales). Ferrari also acts as an international arbitrator both in international commercial arbitrations and, most recently, investment arbitrations.
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  • Stephen Gillers
    Elihu Root Professor of Law

    Stephen Gillers ’68 has been a professor of law at NYU School of Law since 1978 and vice dean from 1999 through 2004. He has written widely on laws and ethical rules that govern lawyers and judges and has spoken at hundreds of events in the US and abroad. He is the author of Regulation of Lawyers: Problems of Law and Ethics, a widely used law school casebook first published in 1985, with a 10th edition in 2015.

    From 2000 to 2002, Gillers was a member of the American Bar Association's Multijurisdictional Practice Commission. In 2010-2013, he was a member of the ABA’s 20/20 Commission. In 2011, he received the Michael Franck Award from the ABA’s Center for Professional Responsibility. In 2015, he received the American Bar Foundation’s Outstanding Scholar Award.

    Gillers’s recent scholarship includes, “Guns, Fruit, Drugs, and Documents: A Criminal Defense Lawyer’s Responsibility for Real Evidence,” 63 Stan. L. Rev. 813 (2011); “A Profession, If You Can Keep It: How Information Technology and Fading Borders Are Reshaping the Law Marketplace and What We Should Do About It,” 63 Hastings L. J. 953 (2012); “How To Make Rules for Lawyers: The Professional Responsibility of the Legal Profession,” 40 Pepperdine L. Rev. 365 (2013) (symposium issue on “The Lawyer of the Future”); and “Lowering the Bar: How Lawyer Discipline in New York Fails to Protect the Public,” 17 J. Legis. & Public Policy 485 (2014).

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  • Clayton Gillette
    Max E. Greenberg Professor of Contract Law
    Clayton Gillette’s teaching and scholarship concentrate on contracts, commercial law, and local government law. His research concerns issues as varied as local redistribution, contract design, long-term contracts, the political economy of international sales law, standard form contracts, municipal bankruptcy, and relations between localities and their neighbors. He has recently supervised students working on governance structures that increase fiscal stability for the Office of the Emergency Manager of the City of Detroit, and has consulted in litigation and arbitrations on subjects ranging from the interpretation of sophisticated financial contracts to defaults on municipal bonds. Before joining the NYU School of Law faculty in 2000, he was the Perre Bowen Professor of Law at the University of Virginia School of Law. He earned his JD from the University of Michigan and a BA from Amherst College. After law school, he clerked for Judge J. Edward Lumbard of the US Court of Appeals for the Second Circuit and was associated with the law firm Cleary Gottlieb Steen & Hamilton.
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  • Helen Hershkoff
    Herbert M. and Svetlana Wachtell Professor of Constitutional Law and Civil Liberties;
    Co-Director, Arthur Garfield Hays Civil Liberties Program
    Helen Hershkoff joined the faculty in 1995 following an acclaimed career as a public interest lawyer at the American Civil Liberties Union and the Legal Aid Society, where she litigated cutting-edge cases involving institutional reform and individual rights. At NYU, her scholarship and teaching focus on procedure and issues of economic justice. She is a co-author of the leading casebook on civil procedure, a co-editor of an admired book on comparative civil procedure, and a member of the author team of the “Wright & Miller” treatise focusing on the United States as a party. Hershkoff also writes about state constitutions and the relation between private law and public law, and has been published in Harvard, Stanford, NYU, and other leading law reviews. Hershkoff is a highly respected teacher; she was honored with the NYU 2014–2015 Distinguished Teaching Award, recognized by the Association of American Law Schools as a 2013 Teacher of the Year, and a recipient of the Law School’s 2013 Podell Distinguished Teaching Award. Hershkoff earned her BA from Harvard College, where she was elected to Phi Beta Kappa in her junior year, holds an MA in modern history from Oxford University, which she attended as a Marshall Scholar, and a JD from Harvard Law School. She graduated from Erasmus Hall High School in Brooklyn, NY.
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  • Samuel Issacharoff
    Bonnie and Richard Reiss Professor of Constitutional Law
    Samuel Issacharoff’s wide-ranging research deals with issues in civil procedure (especially complex litigation and class actions), law and economics, American and comparative constitutional law, and employment law. He is one of the pioneers in the law of the political process; his Law of Democracy casebook (co-authored with Stanford Law School’s Pam Karlan and NYU School of Law’s Richard Pildes) and dozens of articles have helped create this vibrant new area of constitutional law. In addition to ongoing involvement in some of the front-burner cases involving mass harms, he served as the reporter for the Principles of the Law of Aggregate Litigation of the American Law Institute. Issacharoff is a 1983 graduate of Yale Law School. He began his teaching career in 1989 at the University of Texas, where he held the Joseph D. Jamail Centennial Chair in Law. In 1999, Issacharoff moved to Columbia Law School, where he was the Harold R. Medina Professor in Procedural Jurisprudence. He is a fellow of the American Academy of Arts and Sciences.
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  • Holly Maguigan
    Professor of Clinical Law on Leave
    Holly Maguigan teaches a criminal defense clinic and another on comparative criminal justice, as well as a seminar on global public-service lawyering and a course on evidence. She is an expert on the criminal trials of battered women. Her research and teaching are interdisciplinary. Of particular importance in her litigation and scholarship are the obstacles to fair trials experienced by people accused of crimes who are not part of the dominant culture. Maguigan is a member of the Family Violence Prevention Fund’s National Advisory Committee on Cultural Considerations in Domestic Violence Cases. She serves on the boards of directors of the National Clearinghouse for the Defense of Battered Women, MADRE, and the William Moses Kunstler Fund for Racial Justice. Maguigan is a past co-president of the Society of American Law Teachers. SALT named her Great Teacher of 2014.
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  • Troy McKenzie
    Professor of Law on Leave
    Troy McKenzie ’00 joined the faculty of NYU School of Law in 2007. His scholarly interests include bankruptcy, civil procedure, complex litigation, and the federal courts. He earned a bachelor’s degree in chemical engineering from Princeton University and his law degree from NYU Law, where he was an executive editor of the NYU Law Review. After graduation, he clerked for Judge Pierre N. Leval of the US Court of Appeals for the Second Circuit and Justice John Paul Stevens of the US Supreme Court. Before joining the faculty, McKenzie was an associate in the New York office of Debevoise & Plimpton. At the end of his first year of teaching at the Law School, McKenzie was honored with the Albert Podell Distinguished Teaching Award for outstanding achievement in the classroom.
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  • Arthur Miller
    University Professor
    Arthur Miller, CBE, is one of the nation’s most distinguished legal scholars in the areas of civil litigation, copyright, unfair competition, and privacy. Miller joined NYU School of Law from Harvard Law School, where he not only earned his law degree but also taught for 36 years. A renowned commentator on law and society, he won an Emmy for his work on PBS’s The Constitution: That Delicate Balance and served for two decades as the legal editor for ABC’s Good Morning America. Miller has argued cases in all of the US circuit courts of appeals as well as several before the US Supreme Court. He has worked in the public interest in the areas of privacy, computers, copyright, and the courts. Miller has served as a member and reporter of the Advisory Committee of Civil Rules of the Judicial Conference of the United States by appointment of two chief justices of the United States, as reporter and adviser to the American Law Institute, and as a member of a special advisory group to the chief justice of the US Supreme Court. Miller is the recipient of numerous awards, including five honorary doctorates, three American Bar Association Gavel Awards and a Special Recognition Gavel Award for promoting public understanding of the law. In 2011, he was honored by the Queen Elizabeth II for his charitable and media work by being named a Commander of the Order of the British Empire. Recent honors include the Presidential Medal, University of Oregon, for distinguished public service; the Brandeis Medal, Louis D. Brandeis School of Law; and the Robert H. Jackson Award, Pepperdine University School of Law.
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  • Geoffrey Miller
    Stuyvesant P. Comfort Professor of Law;
    Director, Center for Financial Institutions;
    Co-Director, Center for Civil Justice;
    Co-Director, Program on Corporate Compliance and Enforcement
    Geoffrey Miller is author or editor of a dozen books and more than 200 research papers on topics in business law, compliance and risk management, financial institutions, securities law, the legal profession, ancient law, and legal theory. Miller received his BA magna cum laude from Princeton University in 1973 and his JD from Columbia Law School in 1978, where he was editor-in-chief of the Columbia Law Review. He clerked for Judge Carl McGowan of the US Court of Appeals for the DC Circuit and Justice Byron White of the US Supreme Court. After two years as an attorney adviser at the Office of Legal Counsel of the US Department of Justice and one year with a Washington, DC, law firm, he joined the faculty of the University of Chicago Law School in 1983, where he served as associate dean, director of the Program in Law and Economics, and editor of the Journal of Legal Studies. He came to NYU School of Law in 1995. Miller has been a visiting professor or visiting scholar at universities and facilities of higher learning around the world. He is a founder of the Society for Empirical Legal Studies, director of the NYU Law Center for Financial Institutions, co-director of the Center for Civil Justice, and co-director of the NYU Law Program on Corporate Compliance and Enforcement. He serves on the board of directors, chairs the audit committee, and is a member of the compensation and risk committees of State Farm Bank. Miller is a 2011 inductee into the American Academy of Arts and Sciences.
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  • Trevor Morrison
    Dean;
    Eric M. and Laurie B. Roth Professor of Law
    Trevor Morrison is dean and also the Eric M. and Laurie B. Roth Professor of Law at NYU School of Law. Before coming to NYU, he was the Liviu Librescu Professor of Law at Columbia Law School as well as faculty co-director of the Center for Constitutional Governance and faculty co-chair of the Hertog Program on Law and National Security at Columbia. In 2009, Morrison was associate counsel to President Barack Obama. Morrison’s research and teaching interests are in constitutional law, federal courts, and the law of the executive branch. His scholarship has appeared in the Harvard Law Review, the Yale Law Journal, and the Columbia Law Review, among other publications. From 2003 to 2008, Morrison taught at Cornell Law School, and was a visiting associate professor at NYU Law in 2007. He was previously a law clerk to Judge Betty B. Fletcher of the US Court of Appeals for the Ninth Circuit and Justice Ruth Bader Ginsburg of the US Supreme Court. Between the two clerkships, he was a Bristow Fellow in the US Justice Department’s Office of the Solicitor General, an attorney-adviser in the Justice Department’s Office of Legal Counsel, and an associate at Wilmer, Cutler & Pickering. Morrison received a BA with honors in history from the University of British Columbia in 1994, and a JD from Columbia Law School in 1998. He is a member of the American Law Institute, the Council on Foreign Relations, and the US State Department’s Advisory Committee on International Law.
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  • Erin Murphy
    Professor of Law
    Erin Murphy’s research focuses on technology and forensic evidence in the criminal justice system. She is a nationally recognized expert in forensic DNA typing, and her work has been cited multiple times by the Supreme Court. Her latest book, Inside the Cell: The Dark Side of Forensic DNA, was released in October 2015 (Nation Books). Murphy is co-editor of the Modern Scientific Evidence treatise, and serves as the associate reporter for the American Law Institute's project to revise Article 213 of the Model Penal Code. She has translated her scholarly writing for more popular audiences by publishing in Scientific American, the New York Times, USA Today, Slate, the San Francisco Chronicle, and the Huffington Post, and has offered commentary for numerous media outlets, including NPR, CNN, MSNBC, and NBC Nightly News. A proud recipient of the 2012 Podell Distinguished Teaching Award, Murphy teaches criminal law and procedure, evidence, forensic evidence, and professional responsibility in the criminal context, among other courses. She clerked for Judge Merrick B. Garland on the US Court of Appeals for the DC Circuit.
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  • Burt Neuborne
    Norman Dorsen Professor of Civil Liberties;
    Founding Legal Director, Brennan Center for Justice
    Burt Neuborne is one of the nation’s foremost civil liberties lawyers, teachers, and scholars. He is the founding legal director of the Brennan Center for Justice at NYU School of Law. Neuborne has served as national legal director of the American Civil Liberties Union, special counsel to the National Organization for Women Legal Defense and Education Fund, and member of the New York City Human Rights Commission. He challenged the constitutionality of the Vietnam War, worked on the Pentagon Papers case, worked with Justice Ruth Bader Ginsburg when she headed the ACLU Women’s Rights Project, and anchored the ACLU’s legal program during the Reagan years. At the Brennan Center, he has concentrated on campaign finance reform and efforts to reform the democratic process. In recent years, Neuborne has served as principal counsel in cases that have resulted in the payment of $7.5 billion to Holocaust victims. He has received the University-wide Distinguished Teaching Award and been elected to membership in the American Academy of Arts and Sciences. Among his best-known scholarly works is the two-volume Political and Civil Rights in the United States, which he co-authored with NYU Law colleagues Norman Dorsen and Sylvia Law, and Paul Bender. In 1996, Neuborne appeared as Jerry Falwell’s lawyer in the Milos Forman movie The People vs. Larry Flynt. His most recent book is Madison’s Music: On Reading the First Amendment (The New Press, 2015).
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  • Linda Silberman
    Martin Lipton Professor of Law on Leave;
    Co-Director, Center for Transnational Litigation, Arbitration, and Commercial Law
    Linda Silberman, the Martin Lipton Professor of Law, teaches Civil Procedure, Conflict of Laws, Comparative Procedure, International Litigation, and International Commercial Arbitration. She is co-director of NYU’s Center for Transnational Litigation, Arbitration, and Commercial Law. She is a member of the editorial advisory boards of the Journal of Private International Law (UK) and Revista Española de Derecho Internacional (Spain). She is also a member of the Academic Council of the Institute of Transnational Arbitration, a fellow of the American Bar Foundation, and a board member of the Institute of Judicial Administration. She was recently appointed as a member of the International Advisory Council to the Family Justice Courts of Singapore. Her own scholarship covers a wide variety of domestic and transnational subject areas: conflict of laws; domestic and comparative procedure; transnational litigation, in particular judicial jurisdiction and judgment recognition; class actions; international arbitration; and international child abduction. Her articles have been cited by state and federal courts, including the US Supreme Court, as well as by the courts of other nations. Silberman has played an important role at the American Law Institute (ALI), serving as an adviser on three different projects: the Restatement Third of the US Law of International Commercial Arbitration, the Restatement Fourth of the Foreign Relations Law of the US, and the Restatement Third on Conflict of Laws. Previously, she was co-reporter (with Andreas Lowenfeld) for ALI’s Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute. Silberman has testified in Congress on judgment recognition, first on libel tourism and later on the need for a federal statute on recognition and enforcement. She has been active in the New York City Bar Committee on International Commercial Disputes as well as the City Bar Committee on Arbitration. She is also a member of the State Department’s Advisory Committee on Private International Law. Silberman recently served as a distinguished research scholar at Queen Mary School of International Arbitration in London and earlier as a scholar-in-residence at WilmerHale in London. Silberman is co-author of Civil Procedure: Theory and Practice (fourth edition, 2013) and Civil Litigation in Comparative Context (2007). Silberman has been invited to give the general course on Private International Law at the Hague Academy of International Law in 2020.
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