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Full-Text Articles in Law

Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont Dec 2014

Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont

Kevin M. Clermont

No abstract provided.


Jurisdictional Salvation And The Hague Treaty, Kevin M. Clermont Dec 2014

Jurisdictional Salvation And The Hague Treaty, Kevin M. Clermont

Kevin M. Clermont

The United States' law of territorial jurisdiction in civil cases is a mess. Many commentators, here and abroad, have said so for a long time. The United States' treatment of foreign judgments, however, stands in contrast. As a well-behaved member of the international community of nations, the United States eagerly gives appropriate respect to foreign judgments, despite sometimes getting no respect in return.

Now, ongoing negotiations at the Hague have generated a prospect for an international agreement on the reciprocal treatment of foreign judgments. The envisaged treaty would ensure mutual respect of judgments among contracting countries, but it would also …