Scholarship

The scholarship of the faculty associated with the Center for Transnational Litigation, Arbitration, and Commercial Law covers all areas of the law on which the Center focuses, namely private international law, international commercial law, international commercial arbitration, and transnational civil litigation.

For a complete list of the most recent scholarship by our faculty, please visit the publication page for each faculty.

José Enrique AlvarezBoundaries of Investment Arbitration: The Use of Trade and European Human Rights Law in Investor-State Disputes (Juris Publishing, 2018); "The Legitimacy of IO Rule-Making," 112 Am. Soc'y Int’l L. Proc. 275 (2018); "Review Essay, The International Law of Property," 112 Am. J. Int’l L. 771 (2018); "Reviewing the Use of “Soft Law” in Investment Arbitration," 7.2 Eur. Int'l Arb. Rev. 149 (2018); International Organizations and Global Justice, in Conversations on Justice from National, International, and Global Perspectives: Dialogues with Leading Thinkers 254 (Jean-Marc Coicaud and Lynette E. Sieger, eds., Cambridge University Press, 2019); Property Rights as Human Rights, in Economic Liberties and Human Rights 17 (Jahel Queralt and Bas van der Vossen, eds., Routledge, 2019); Legal Perspectives, in The Oxford Handbook on the United Nations 79 (Thomas G. Weiss & Sam Daws eds., Oxford University Press 2d., 2018; 1st ed., 2007); The Use (and Misuse) of European Human Rights Law in Investor-State Dispute Settlement, in The Impact of EU Law on International Commercial Arbitration 519 (Franco Ferrari, ed., Juris, 2017)

Stephen Choi, Securities Regulation: Cases and Analysis (Foundation Press, 5th ed., 2019; 4th ed., 2015; 3rd ed., 2012; 2d ed., 2008; 1st ed., 2005) (with A.C. Pritchard); "What Can We Learn from Stock Prices?: Cash Flow, Risk, and Shareholder Welfare," 175 J. Inst. & Theoretical Econ. 196 (2019); "An Empirical Comparison of Insider Trading Enforcement in Canada and the United States," 57 Int'l Rev. L. & Econ. 49 (2019) (with Anita Anand et al.); "Variation in Boilerplate: Rational Design or Random Mutation?," 20 Am. L. & Econ. Rev. 1 (2018) (with Mitu Gulati and Robert E. Scott); "Adjudicating Death: Professionals or Politicians?," 70 Vand. L. Rev. 1709 (2017) (with Mitu Gulati); Lead Plaintiffs and Their Lawyers: Mission Accomplished, or More to Be Done?, in Research Handbook on Representative Shareholder Litigation 271 (Sean Griffith et al. eds., Edward Elgar Publishing, 2018) (with A.C. Pritchard)

Kevin E. Davis, Between Impunity and Imperialism: The Regulation of Transnational Bribery (Oxford University Press, 2019); "Contracting for Personal Data," 94 N.Y.U. L. Rev. 662 (2019) (with Florencia Marotta-Wurgler); "Corruption as a Violation of International Human Rights: A Reply to Anne Peters," 29 Eur. J. Int'l L. 1289 (2018); "Data and Decentralization: Measuring the Performance of Legal Institutions in Multilevel Systems of Governance," 102 Minn. L. Rev. 1619 (2018); "Who Wants the Global Law School?," 3 U.C. Irvine J. Int'l Transnat'l & Comp. L. 71 (2018) (with Xinyi Zhang); "Contracts Procured Through Bribery of Public Officials: Zero Tolerance Versus Proportional Liability," 50 N.Y.U. J. Int'L L. & Pol. 1261 (2018); "(Mis)perceptions of Law in Consumer Markets," 19 Am. L. & Econ. Rev. 245 (2017) (with Oren Bar-Gill); Private Preference, Public Process: U.S. Discovery in Aid of Foreign and International Arbitration, in Limits to Party Autonomy in International Commercial Arbitration 233 (Franco Ferrari, ed., Juris, 2016) (with Helen Hershkoff and Nathan Yaffe)

Franco FerrariConflict of Laws in International Commercial Arbitration (Juris, 2019) (ed. with Stefan Kröll); Iura Novit Curia in International Arbitration (Juris, 2018) (ed. with Giuditta Cordero-Moss); Inherent Powers of Arbitrators (Juris, 2018) (ed. with Friedrich Rosenfeld); International Sales Law–CISG in a Nutshell (West Academic Publishing, 2d ed., 2018; 1st ed., 2014) (with Marco Torsello); Internationales Vertragsrecht: ROM I-VO, CISG, CMR, FactÜ: Kommentar (C.H. Beck, 3d., 2018; 2d ed. 2012; 1st ed., 2007) (with Eva-Maria Kieninger et al.); Encyclopedia of Private International Law (Edward Elgar Publishing, 2017) (ed. with Jürgen Basedow, Giesela Rühl and Pedro de Miguel Asensio); "A New Paradigm for International Uniform Substantive Law Conventions," 24 Uniform Law Review 467 (2019)

Clayton GilletteInternational Sales Law (Edward Elgar Publishing, 2017) (ed. with Franco Ferrari); On the Optimal Number of Contract Types," 20 Theoretical inquiries L. 487 (2019) (with Oren Bar-Gill); "Judicial Refusal to Apply Treaty Law: Domestic Law Limitations on the CISG's Application," 22 Uniform L. Rev. 452 (2017) (with Steven D. Walt); "The Inappropriate Use of the PICC to Interpret Hardship Claims Under the CISG," 17 Internationales Handelsrecht 97 (2017) (with Franco Ferrari, Marco Torsello and Steven D. Walt)

Linda Silberman, Civil Litigation in Comparative Context (West 2d ed., 2017; 1st ed., 2007) (with Oscar G. Chase, Helen Hershkoff, John Sorabji, Rolf Stürner et al.); Recognition and Enforcement of Foreign Judgments (Edward Elgar, 2017) (ed. with Franco Ferrari); Civil Procedure: Theory and Practice (Wolters Kluwer 5th ed., 2017; 4th ed., 2013; 3d., 2009; 2d., 2006; 1st ed., 2001) (with Allan R. Stein and Tobias Barrington Wolff); "Misappropriation on a Global Scale: Extraterritoriality and Applicable Law in Transborder Trade Secrecy Cases," 8 Cybaris Intell. Prop. L. Rev. 265 (2018) (with Rochelle C. Dreyfuss); "Lessons for the USA from the Hague Principles," 22 Uniform L. Rev. 422 (2017); "The Transnational Case in Conflict of Laws: Two Suggestions for the New Restatement Third of Conflict of Laws—Judicial Jurisdiction over Foreign Defendants and Party Autonomy in International Contracts," 27 Duke J. Comp. & Int'l L. 405 (2017) (with Nathan D. Yaffe)