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Articles 1 - 7 of 7
Full-Text Articles in Transnational Law
Parochial Procedure, Maggie Gardner
Parochial Procedure, Maggie Gardner
Maggie Gardner
The federal courts are often accused of being too parochial, favoring U.S. parties over foreigners and U.S. law over relevant foreign or international law. According to what this Article terms the “parochial critique,” the courts’ U.S.-centrism generates unnecessary friction with allies, regulatory conflict, and access-to-justice gaps. This parochialism is assumed to reflect the preferences of individual judges: persuade judges to like international law and transnational cases better, the standard story goes, and the courts will reach more cosmopolitan results. This Article challenges that assumption. I argue instead that parochial doctrines can develop even in the absence of parochial judges. Our …
When Bad Guys Are Wearing White Hats, Catherine A. Rogers
When Bad Guys Are Wearing White Hats, Catherine A. Rogers
Catherine Rogers
Allegations of ethical misconduct by lawyers have all but completely overshadowed the substantive claims in the Chevron case. While both sides have been accused of flagrant wrongdoing, the charges against plaintiffs’ counsel appear to have captured more headlines and garnered more attention. The primary reason why the focus seems lopsided is that plaintiffs’ counsel were presumed to be the ones wearing white hats in this epic drama. This essay postulates that this seeming irony is not simply an example of personal ethical lapse, but in part tied to larger reasons why ethical violations are an occupational hazard for plaintiffs’ counsel …
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Zachary Clopton
State Courts And Transitory Torts In Transnational Human Rights Cases, Chimene I. Keitner
State Courts And Transitory Torts In Transnational Human Rights Cases, Chimene I. Keitner
Chimene I Keitner
No abstract provided.
Optimizing Liability For Extraterritorial Torts: A Response To Professor Sykes, Chimene I. Keitner
Optimizing Liability For Extraterritorial Torts: A Response To Professor Sykes, Chimene I. Keitner
Chimene I Keitner
No abstract provided.
Some Functions Of Alien Tort Statute Litigation, Chimene I. Keitner
Some Functions Of Alien Tort Statute Litigation, Chimene I. Keitner
Chimene I Keitner
No abstract provided.
Conceptualizing Complicity In Alien Tort Cases, Chimene I. Keitner
Conceptualizing Complicity In Alien Tort Cases, Chimene I. Keitner
Chimene I Keitner
No abstract provided.