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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……
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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……
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Procedural Uncoupling
Professor Brand notes that in evaluating the transnational litigation doctrines, “one must ask if these doctrines are the real problem.” He suggests that “in the Lago Agrio case, the real problem is something much different, and perhaps more fundamental, than an imbalance in rules of private international law.” It’s certainly true that there are deeper……
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Symposium Day 2
Thank you to Cassandra Robertson, Chris Whytock, Ron Brand, Doug Cassel, and Aaron Page for their contributions to the first-ever Letters Blogatory symposium. Cassandra and Chris gave very clear statements of their proposals for closing the “access-to-justice gap”, and Ron provided a thoughtful critique. Doug and Aaron discussed the Whytock/Robertson article from the perspective of……
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A New Kind of Estoppel?
I want to thank all of the contributors to today’s symposium. I’m really pleased and honored to be able to host what I think has been a very good discussion of a significant current issue. I want to comment briefly on what Whytock and Robertson have to say about estoppel. As I understand their position,……