# Courts

64 Va. J. Int’l L. 571 (2024) Article

Can Churches Discriminate? Religious Freedom, Non-Discrimination, and the Search for an Inter-American Standard

When delimiting the power of churches to discriminate, U.S. and European jurisprudence have developed significantly different responses.

PATRICIO ENRIQUE KENNY & MARÍA FLORENCIA SAULINO

63 Va. J. Int’l L. Online 1 (2022) Online

A Choice by Any Other Name: Ad Hoc Substitutes for Choice of Law

This Essay analyzes three methods of avoiding the doctrinal disarray in American choice of law: imposing constitutional restrictions on personal jurisdiction and therefore limiting the plaintiff’s ability to forum shop for favorable choice of law; applying the…

GEORGE RUTHERGLEN

61 Va. J. Int’l L. 1 (2020) Article

Separate Judicial Speech

Domestic and international judges speak separately from their courts’ institutional voice in myriad ways. Instances of separate judicial speech range from written and oral dissents, to posing questions from the bench, to an array of extrajudicial activities, such as…

COSETTE D. CREAMER & NEHA JAIN

60 Va. J. Int’l L. 1 (2019) Article

Against Privatized Censorship: Proposals for Responsible Delegation

For most of the past century, those who followed foreign relations law believed that federal law, including that made by the federal courts in the absence of legislation and treaties, should govern the field. Anything else would burden political and economic ties with…

PAUL B. STEPHAN

58 Va. J. Int’l L. 261 (2019) Article

Contextualizing Cost Shifting: A Multimethod Approach

Legal scholars devote a great deal of energy to understanding how judges allocate expenses in litigation — rules designed to encourage lawyers to bring cases, to discourage socially excessive litigation, or to sanction undesirable behavior by litigants or their legal counsels…

SERGIO PUIG

62 Va. J. Int’l L. 559 (2022) Article

Special Courts, Global China

This Article analyzes China’s turn to specialized courts as a case study on how China’s global ambitions are shaping its domestic law reforms. It argues that the country’s rapid construction of more technocratic special courts in areas such as cyberspace…

MARK JIA

61 Va. J. Int’l L. Online 1 (2020) Online

The Conflict Between American Punitive Damages and German Public Policy—a Reassessment

German and European tort law and civil procedure currently may be undergoing an important sea change. The question of punitive damages was anathema to most European civil law systems. Classically, damages in European civil law systems have a…

JOACHIM ZEKOLL & WIEBKE VOẞ

59 Va. J. Int’l L. 97 (2019) Article

Personal Jurisdiction: The Transnational Difference

This Article engages with some of the key debates that have emerged among international law and civil procedure scholars by examining the flurry of recent transnational cases that have become a common feature on the U.S. Supreme Court’s docket. It makes three…

AUSTEN PARRISH