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Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Law and Contemporary Problems
Joseph F. Weis Jr's theories regarding US procedural policymaking and service by mail from the Hague Convention are examined. Weis explores two themes that run through US civil procedure: counterintuitive instrumentalism and underlying pragmatism.
Thoughts About A Multinational Judgments Convention: A Reaction To The Von Mehren Report, Andreas F. Lowenfeld
Thoughts About A Multinational Judgments Convention: A Reaction To The Von Mehren Report, Andreas F. Lowenfeld
Law and Contemporary Problems
Arthur von Mehren's proposal for a mixed convention for jurisdiction and multinational judgments is examined. A theory for what a sound convention on the recognition and enforcement of judgments should contain is proposed.
The Hague Evidence Convention Revisited: Reflections On Its Role In U.S. Civil Procedure, Gary B. Born
The Hague Evidence Convention Revisited: Reflections On Its Role In U.S. Civil Procedure, Gary B. Born
Law and Contemporary Problems
A reworking of the basic terms of the Hague Evidence Convention is proposed. Under current law, US courts typically do not employ the Convention's evidence-taking mechanisms when ordering discovery from either a litigant or a witness subject to the court's subpoena power.
Remarks, Peter H. Pfund
Remarks, Peter H. Pfund
Law and Contemporary Problems
The US proposal for the Hague Conference to prepare a recognition and enforcement convention is a proposal for multilateral negotiations by the member states of the Hague Conference that would involve many states besides the US.
Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Joseph F. Weis Jr.
Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Joseph F. Weis Jr.
Law and Contemporary Problems
The Hague Convention has not solved all of the problems in transnational service of process. Much of the difficulty has centered on the US preference for service by mail, a method of minimal expense.
The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank
The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank
Law and Contemporary Problems
Although the US has been a member of the Hague Conference on Private International Law Since 1964, other members may doubt the US' willingness to abide by the international obligations it has incurred. The US' ambivalence regarding international commitments is examined.
International Control Of Civil Procedure: Who Benefits?, Robert B. Von Mehren
International Control Of Civil Procedure: Who Benefits?, Robert B. Von Mehren
Law and Contemporary Problems
The work of the Hague Conference on Private International Law in the field of civil litigation is considered, focusing particularly on the Service Convention and the Evidence Convention. The international community has benefited from the work of the Hague Conference through cooperation under its auspices.
International Control Of International Litigation: Who Benefits?, Hans Smit
International Control Of International Litigation: Who Benefits?, Hans Smit
Law and Contemporary Problems
The enormous growth of international intercourse Since WWII has brought a corresponding increase in litigation with international aspects. Problems associated with adjudication by domestic courts of disputes with international aspects are considered.
A Comment On The Role Of The Hague Conference On Private International Law, Georges A.L. Droz
A Comment On The Role Of The Hague Conference On Private International Law, Georges A.L. Droz
Law and Contemporary Problems
The first session of the Hague Conference on Private International Law convened in 1893. The role of the Hague Conference on current international law is examined.
Forging Finality: Searching For A Solution To The International Double-Suit Dilemma, Julie E. Dowler
Forging Finality: Searching For A Solution To The International Double-Suit Dilemma, Julie E. Dowler
Duke Journal of Comparative & International Law
No abstract provided.
Recent Legal Developments Of The European Community, Jen Rosenkvist, Laurent M. Campo
Recent Legal Developments Of The European Community, Jen Rosenkvist, Laurent M. Campo
Duke Journal of Comparative & International Law
No abstract provided.
Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman
Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman
Law and Contemporary Problems
The rapid acceleration of transnational investing is occurring in an environment in which emerging markets, and foreign interest in these markets, are exploding. The issues involved with cross-border investment, conflict of laws and the privatization of securities law are examined.
Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer
Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer
Law and Contemporary Problems
Throughout most of its history, the US has adopted copyright laws independent of the outside world. That changed in 1989 when Congress joined the Berne Convention.
The Role Of United Nations General Assembly Resolutions In Determining Principles Of International Law In United States Courts, Gregory J. Kerwin
The Role Of United Nations General Assembly Resolutions In Determining Principles Of International Law In United States Courts, Gregory J. Kerwin
Duke Law Journal
No abstract provided.