Professor Dodge Files Amicus Brief with Second Circuit

Professor William S. Dodge has filed an amicus brief with the Second Circuit Court of Appeals in the Madoff bankruptcy case. The brief, submitted on behalf of Professors of Conflict of Laws, addresses the geographic scope of a provision of the Bankruptcy Code allowing a trustee to recover the property of an avoided transfer from subsequent transferees. The brief argues that under the presumption against extraterritoriality and the choice-of-law analysis adopted in Maxwell Communications, the Madoff Trustee may recover property that foreign feeder funds sent to their own customers abroad.

Professor Dodge, Martin Luther King, Jr. Professor of Law at UC Davis School of Law, is an influential international law scholar. He serves as a Co-Reporter for the American Law Institute's Restatement (Fourth) of Foreign Relations Law: Jurisdiction and as a member of the State Department's Advisory Committee on International Law. He is a co-author of the casebook Transnational Business Problems and a co-editor of International Law in the U.S. Supreme Court: Continuity and Change, which won the American Society of International Law's 2012 certificate of merit. He has authored more than 50 other publications in books and law reviews.