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Indiana Law Journal

International Law

Courts -- United States

Publication Year

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Full-Text Articles in Law

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton Oct 2015

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton

Indiana Law Journal

The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either joining the U.S. …


The Role Of Domestic Courts In The International Legal Order, Richard A. Falk Apr 1964

The Role Of Domestic Courts In The International Legal Order, Richard A. Falk

Indiana Law Journal

Symposium: Procedural Aspects of International Law