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Rethinking Jurisdictional Discovery Under The Hague Evidence Convention, Kathleen B. Gilchrist
Rethinking Jurisdictional Discovery Under The Hague Evidence Convention, Kathleen B. Gilchrist
Vanderbilt Journal of Transnational Law
When a federal court in the United States compels the discovery of information located abroad to determine whether it has jurisdiction over the defendant, the court can apply the Federal Rules of Civil Procedure or the Hague Evidence Convention. This Note argues that the approach taken by most courts--applying the balancing test formulated by the Supreme Court in Societe Nationale Industrielle Aerospatiale v. U.S. District Court and favoring application of the Federal Rules--is misguided. Courts should apply the Evidence Convention more often in jurisdictional discovery disputes. They can do so under the existing legal framework with one of three holdings: …
Rule 43(A) And The Communication Privileged Understate Law: An Analysis Of Confusion, George W. Pugh
Rule 43(A) And The Communication Privileged Understate Law: An Analysis Of Confusion, George W. Pugh
Vanderbilt Law Review
What rules govern the admissibility of evidence in federal court? Rule 43 (a) purports to provide the answer with respect to cases falling within the ambit of the Federal Rules of Civil Procedure.' Is the Rule working satisfactorily, or should it now be abandoned in favor of a new and different solution? The problem thus presented is broad and pervasive. A definitive answer will not be attempted in this paper. Instead, the writer proposes to give only a general discussion of the broader aspects of the Rule, and to limit analysis of the cases to a very restricted area--the meaning …