Professor Linda Silberman’s Article on International Child Abduction-Interpreting the Hague Abduction Convention:

In Search of a Global Jurisprudence, 38 U.C.Dav. L. Rev. 1049 (2005) – was cited in Justice Ginsburg’s concurring opinion in the recent decision Chafin v. Chafin (Feb. 19, 2013).  The Court held unanimously that an appeal from an order of return of the child to Scotland was not moot, notwithstanding that no stay had been issued and the child was now in Scotland.  Both the possibility of a re-return order and a vacatur of the lower court’s expense orders meant that the case was not moot.  Justice Ginsburg, in an opinion joined by Justices Breyer and Scalia, offered suggestions for proposed legislation to limit appeals with respect to return orders.

The Center for Transnational Litigation and Commercial Law aims at the advancement of the study and practice of international business transactions and the way to solve related disputes either through litigation or arbitration. As commercial transactions become increasingly international, it is vital to the legal and business communities to understand and analyze the practices and legal principles that govern relationships between firms and between firms and consumers in the international arena