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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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BREAKING: Lago Agrio Plaintiffs Seek Recognition and Enforcement in Canada
I have breaking news to report in the Lago Agrio case. The plaintiffs have brought an action for recognition and enforcement of the judgment in the Superior Court of Justice in Ontario. It looks like Alan Lenczner of Lenczner Slaght will be representing the plaintiffs. I will have more details as they become available, and……