# 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