Welcome - Cross-Border Litigation in an Applied Context. LAWS 2264   Cross-Border Litigation in an Applied Context.
In a globalized world, people and goods move between countries more than ever. This is particularly the case with Canada and the United States of America, which share a massive, porous border and have very integrated economies. This creates a host of legal issues that inevitably involve the legal systems and courts of both countries at a time, resulting in an explosion of interest in "cross-border law." A practice in cross-border law requires a grasp of how to run cases with features that transcend the traditional silos of conflicts of law/private-international law and the transnational aspects of public law. Understanding of, and fluency with, the kinds of legal dynamics that arise in cases with cross-border aspects is becoming increasingly necessary to many areas of legal practice - e.g. criminal and regulatory, tort, taxation, and corporate law. Drawing upon the specialized expertise of the instructors, this intensive course focuses specifically on how such cases are litigated in the practical sense. It concentrates predominantly on how the procedural regimes in Canada and the U.S. are navigated in cross-border matters, through the lens of real-world completed or ongoing cases. Attention is paid, in particular, to conflicts of law, jurisdictional issues and litigation strategies. The course provides a unique and timely introduction to, and overview of, the unique features of cross-border litigation.
  • Lecture
  • Discussion

FORMAT COMMENTS: This is an "intensive" course, to be taught by lecture and discussion in 2-hour sessions over the course of 7 classes (14 hours total). Each session will focus on analyzing complaints, indictments, regulatory claims or administrative orders filed/issued by either the Canadian or U.S. government, with analysis of substantive and procedural cross-border issues that arise in each case.
PREREQUISITES: LAWS 2061X/Y, Civil Procedure. Open to third-year students only.
RESTRICTIONS: restricted to students in the JD or JD-combined programs (JD/MBA, JD/MPA, JD/MHA, JD/MLIS).
ASSESSMENT METHOD: 2500-word take-home assignment, to be assigned at the end of the course. Ultimate grade is on Pass/Fail basis.