Rule of Law Commons^™

Accountability In Government And Section 1983, Mark R. Brown

University of Michigan Journal of Law Reform

Part I of this Article traces the legal history behind derivative supervisory liability as well as its status today. Part II addresses obstacles that might block the development of derivative supervisory liability, at least in the federal court system. Part III offers a solution premised on federalizing the question of duty. Finally, Part IV turns to the unique problem of preserving supervisory liability even in the absence of constitutional fault by the errant subordinate.

Enforcement Of Foreign Money-Judgments In The United States: In Search Of Uniformity And International Acceptance, Ronald A. Brand

Articles

When international trade and investment increase, so does the need for satisfactory means of dispute resolution. Dispute resolution in national courts requires that litigants consider not only the likelihood of a favorable judgment but also the ability to collect on that judgment. In cases where the defendant’s assets lie in another jurisdiction, collection is possible only if the second jurisdiction will recognize the first jurisdiction’s judgment.

In the international arena, enforcement of United State judgments overseas is often possible only if the United States court rendering the judgment would enforce a similar decision of the foreign enforcing court. This reciprocity …