Day: May 31, 2012

  • A Follow-Up To Professor Brand

    As a humble practicing lawyer in the company of some heavy hitters from the academy, I’ve really enjoyed reading and participating in this discussion! I want to offer some follow-up to the back-and-forth I had with Professor Brand yesterday. In his response to the Whytock/Robertson article, Professor Brand noted an inconsistency between the proposal, which […]

  • Response to Aaron Marr Page

    Many thanks to Ted Folkman and the symposium contributors for a rich discussion.  Here I respond to Aaron Page’s post.  Later I will comment on Ted’s posts and comments addressed to me. In Page’s rhetorical view, the fraud in the Ecuadorian litigation against Chevron was a triviality in a teapot that should not deter US […]

  • Response to Professors Whytock and Brand

    Chris does a good job of detailing the tension between the traditional approach of the Ashenden analysis and the new approach of the UFCMJRA, which I referenced in my post. In particular I think he correctly describes how the new case-specific UFCMJRA grounds essentially turn the enforcing court into an appellate court on due process […]

  • The Global Context for Forum Non Conveniens and for Case-Specific Exceptions to Recognition of Foreign Judgments

    Professor Whytock’s comment today correctly notes in its next-to-last paragraph that “the ship of case-specific exceptions has set sail.” This statement is in response to my comments on the 2005 Uniform Foreign-Country Money Judgments Recognition Act and the 2005 ALI Proposed Federal Statute. It is important to take account not just of the national context […]

  • A Response to Professor Brand

    Thanks again to Ted Folkman for hosting this discussion, from which I’ve learned a lot. There is much to discuss, and everyone has raised important points. However, I’ve found Professor Brand’s post particularly thought provoking as I continue to grapple with these issues—especially his comments regarding the case-specific defenses against enforcement contained in the 2005 […]