Law School
Stanford Law School
Major Cases
Republic of Argentina v. NML Capital, Ltd. (2014, U.S. Supreme Court), consultant on foreign sovereign immunity issues; NLRB v. Noel Canning (2014, U.S. Supreme Court), counsel of record for amicus brief in support of respondent on constitutionality of the President’s recess appointments; Kiobel v. Royal Dutch Petroleum Co. (2013, U.S. Supreme Court), counsel of record for amicus brief in support of respondents on international human rights liability; Samantar v. Yousuf (2010, U.S. Supreme Court), counsel of record for amicus brief in support of plaintiff/respondent on foreign sovereign immunity issues; Abelesz v. OTP Bank (2012, U.S. Court of Appeals, Seventh Circuit), co-counsel for defendant/appellant in international human rights litigation); McKesson Corp. v. Islamic Republic of Iran (U.S. Court of Appeals, D.C. Circuit), co-counsel for defendant/appellant on issues of customary international law litigation.
Professional Background
I am currently Professor of Law and Director of International and Comparative Law Programs at the University of San Diego Law School. I previously served as a judicial clerk to Judge J. Clifford Wallace, U.S. Court of Appeals, Ninth Circuit, in San Diego, and as a judicial clerk for Justice Antonin Scalia of the U.S. Supreme Court. From 1992-95, I worked as an attorney for Latham & Watkins in San Diego, principally in international transactions. Since 1995 I have been a professor at the University of San Diego Law School, where I received tenure in 2000. I have participated as a consultant, co-counsel or expert in litigation involving international and constitutional issues in four federal circuits and the U.S. Supreme Court.
Professional Affiliations
I am a member of the American Society of International Law and the U.S. Supreme Court Bar.
Personal Background
I grew up in Orange County and moved to San Diego right after law school. My principal activities include travel, hiking, skiing and tennis. I am the author of “The Constitution’s Text in Foreign Affairs” (Harvard University Press, 2007) and the co-author of two casebooks: “Transnational Law and Practice” (Aspen 2015) (with Childress and Whytock), and “International Business Transactions” (12th ed., West, 2015) (with Folsom, Gordon and Van Alstine). I also co-edited “International Law in the U.S. Supreme Court” (Cambridge University Press 2011) (with Sloss and Dodge).
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Nominations Open | February 24 |
Nominations Close | April 17 |
Sponsorship/Advertising Close | July 17 |
Publication Date | July 29 |
Reception | August 10 |
Aug. 13, 2014 -- Reporter Doug Sherwin speaks with attorney Randy Kay, partner with Jones Day and a 2014 Top Attorney, about why there's a surge in trade secrets litigation.
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