Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 3 of 3
Full-Text Articles in Law
A Global Law Of Jurisdiction And Judgments: Views From The United States And Japan, Kevin M. Clermont
A Global Law Of Jurisdiction And Judgments: Views From The United States And Japan, Kevin M. Clermont
Kevin M. Clermont
Japanese and U.S. legal systems, despite surprisingly similar doctrine and outlook on matters of jurisdiction and judgments, often clash: jurisdictions overlap and judgments may go unrespected, while parallel proceedings persist. The current outlook for harmonization through a multilateral Hague convention of general scope is bleak. These two countries are, however, ideally situated to reach a highly feasible bilateral agreement that would provide a better tomorrow in which jurisdiction was allocated appropriately and judgments were respected accordingly.
French Article 14 Jurisdiction, Viewed From The United States, Kevin M. Clermont, John R.B. Palmer
French Article 14 Jurisdiction, Viewed From The United States, Kevin M. Clermont, John R.B. Palmer
Kevin M. Clermont
French courts have broadly read their Civil Code’s oddly written Article 14 as authorizing territorial jurisdiction over virtually any action brought by a plaintiff of French nationality. This study traces the history of this provision from its genesis two hundred years ago to its extension under the current Brussels Regulation. Nevertheless, for a number of reasons, French plaintiffs do not use Article 14 all that much, other than in status suits such as matrimonial matters or in situations where the defendant has assets in France (or now, under the Brussels regime, in Europe). The actual use of Article 14 ends …
Jurisdictional Salvation And The Hague Treaty , Kevin M. Clermont
Jurisdictional Salvation And The Hague Treaty , Kevin M. Clermont
Kevin M. Clermont
No abstract provided.